Suspended sentence for illegal vape seller

On August 31, 2023, Omid Swatiwal was found to be supplying electronic cigarettes from Saving Store in Peel Square which had more nicotine than the permitted volume of two millilitres, or 20 milligrams per millilitre.

The vapes were also sold without an instruction leaflet, traceability contact details, batch number, or a health warning.

Mr Swatiwal was sentenced on Wednesday, June 13, 2024 for offences contrary to 36, 37 and 48(d) of the Tobacco and Related Products Regulations 2016. He was given two months custody on each offence to run concurrently, suspended for 12 months.

He received a nine-month community order, a costs order of £1,359 and is to pay a victim surcharge of £154. The goods seized as part of the case were forfeited and ordered to be destroyed.

Anna Hartley, executive director for public health and communities at Barnsley Council, said: “This is a very serious case which put unsuspecting members of the public at risk.

“All tobacco poses a significant health risk, so it’s vital that products like e-cigarettes meet legal requirements, come with the right safety information and are properly labelled. Ignorance is no excuse and this case shows that we will take action where required.

“We’re fully committed to cutting down the availability and preventing the sales of illegal tobacco and vapes in Barnsley. I’d like to thank our Regulatory Services and Legal Services teams for their assistance in this prosecution.”