Fake tobacco being sold
Two men from Ayr have pleaded guilty to a number of charges at Ayr Sheriff court in connection with the sale of counterfeit tobacco products. The charges included selling counterfeit tobacco products and selling tobacco products without the appropriate health warnings.
The two accused, Allan Higgins aged 43 and John Scullion, aged 46, both of Wilson Street, Ayr first came to light after Trading Standards received several complaints from concerned members of the public that they were selling tobacco to people in the street. Concerns were also raised that the tobacco was counterfeit.
As a result Trading Standards and Ayr Police investigated the claims by conducting a covert test purchase to identify if the tobacco being sold was genuine or fake. A sample of tobacco was purchased and after examination by a brand specialist it was confirmed to be fake and of very poor quality.
A spokesperson for South Ayrshire Trading Standards said: "Higgins and Scullion were placed under observation for a time and their activities monitored. Higgins was approached on two occasions where he was questioned in relation to his illegal activities and Scullion was also interviewed on one occasion. During these times a considerable amount of tobacco was seized as evidence. The two accused usually stood for some hours in River Street, Ayr outside public toilets where they would wait for members of the public to approach them, and then supply them with illegal tobacco. On other occasions the two accused would stand at the front gate outside Ayr Sunday market at the racecourse where they would again wait for members of the public to approach them."
Mr Higgins was sentenced to a 100 hours community service order and Mr Scullion sentenced to 80 hours community service order and a £150 fine.
The spokesperson continued: "As a result of Higgins' continued activities, South Ayrshire Trading Standards obtained a signed voluntary undertaking from him agreeing to cease these activities. However, the undertaking was not observed and Officers obtained a legally binding Enforcement Order under the Enterprise act 2002. The order prohibits Mr Higgins from being involved in the supply of defective or counterfeit tobacco products; if he breaches this order he may be considered as being in contempt of court. The benefit of such an order is that if Mr Higgins is caught involved in the supply of counterfeit goods, counterfeit tobacco or being involved in these activities with others or supplying tobacco products to underage people, then he would be in breach of this order which applies throughout the United Kingdom."
Recent studies have shown that people who smoke fake cigarettes are exposing themselves to higher levels of hazardous chemicals, which accumulate in the body over time and are linked with cancer. Independent research shows that counterfeit cigarettes being sold on Britain's streets contain much higher quantities of known carcinogens:
- 5 times as much cadmium – which can severely damage the lungs and is linked with kidney disease;
- nearly 6 times as much lead – which damages the organs and nervous system, especially in children; and
- high levels of arsenic – which increases the risks of lung, liver and other cancers.
Research also shows that counterfeit cigarettes seized can contain 160 per cent more tar, 80 per cent more nicotine and 133 per cent more carbon monoxide than genuine cigarettes.
Councillor Peter Convery, who is responsible for Trading Standards issues within South Ayrshire, commented: "Members of the public should be made aware of the added dangers of smoking counterfeit tobacco, such as an increased level of hazardous chemicals which may have serious implications on their health. We are not condoning or encouraging smoking in any way shape or form, but what we are stressing is that counterfeit tobacco will do far greater harm to health and with the added greater risk of contracting diseases associated with smoking. This illicit street trader is willing to sell his fake tobacco to people irrespective of any health implications and this shows a total disregard for the purchaser's wellbeing and the health of people in the area. This type of trader doesn't pay taxes and threatens the livelihood of many law abiding South Ayrshire traders, who work very hard to make a living by selling genuine goods, creating jobs and paying taxes."
David Thomson manager of South Ayrshire's Trading Standards Service stated: "We have seized thousands of cigarettes and around 30 kilos of tobacco in recent months, most of which has been proved to be counterfeit or smuggled. Although at times it can be hard to tell genuine goods from the real thing, consumers should know that if a person is selling items in the street or outside the market at a knock down price, then the chances are that the items are not genuine. This is the first time this legislation has been used against an illicit tobacco seller and we hope it will prove very effective."
If members of the public or shopkeepers have information on people selling counterfeit cigarettes in their area, they can contact South Ayrshire Trading Standards in confidence on 01292 616403.