Proposed ban on the supply of plastic containing wetwipes in England

What is being prohibited and why?

The Regulations make it an offence, in the course of business, to supply or offer to supply wet wipes (i.e. a non-woven piece of fabric which has been pre-wetted and which is not designed or intended to be re-used) containing plastic to end users.

An end user is anyone other than someone who is then supplying the product to another person for business reasons, or to whom the products are supplied for the purposes of a manufacturing process.

The ban only applies to single-use products, and any reusable wet wipe products containing plastic will not be caught by the ban.

Importantly for manufacturers, and as per this Explanatory Memorandum, the manufacture of wet wipes containing plastic will not be banned. This allows manufacturers in England to continue to export wet wipes containing plastic to countries where their supply and sale is still permitted.

The ban is being proposed in order to reduce unnecessary plastic and microplastic pollution. It is said that the ban will lower the volume of plastic litter and reduce the amount of microplastics entering our waterways. 

Are there any exemptions to the ban?

Several sector-specific exemptions will apply.

Pharmacies: The supply of wet wipes containing plastic by pharmacies to their customers in England (whether supplied at a registered pharmacy or online) is not prohibited provided the pharmacy does not advertise the wet wipes to customers. If they are supplied at a registered pharmacy, the wet wipes must not be visible or accessible to customers, and they must not be offered or provided to a customer unless specifically requested. Displaying the wet wipes for sale on a website or app through which the pharmacy sells products online is not prohibited.

Medical purposes: The ban does not apply to a person supplying the products for use for medical purposes by or under the direction of a healthcare professional. Nor does it apply to a healthcare professional or NHS appliance contractor, provided they are supplying the products for medical purposes.

Businesses and local authorities: If wet wipes containing plastic were supplied to a person who carries on a business, or to a local authority, that supply will also be exempt provided the supply is for the purpose of that business, or local authority. 

What are the penalties for non-compliance with the ban?

The ban will be enforced by local authorities and local trading standards officers, in accordance with future guidance. Breaching the ban will constitute a criminal offence, and will carry a maximum penalty on conviction of an unlimited fine.

There is a due diligence defence available if a defendant can show that it relied on information provided by a third party (this may be the case if, for example, the defendant was supplied with, and then supplied to an end user, wet wipes containing plastic, despite their supplier claiming the wet wipes did not contain plastic).

A regulator may also impose civil sanctions. Not surprisingly, as per this Government response, it is expected that authorities will apply civil sanctions in the first instance. However, a failure to comply with a civil sanction, or repeated breaches, may result in prosecution.

Fixed monetary penalties or compliance notices: if a regulator is satisfied beyond reasonable doubt that a person has committed an offence, a fixed monetary penalty of £200 can be imposed, or a compliance notice issued. A compliance notice sets out steps a person must take (within a specified period) to ensure the offence does not continue or recur.

If a regulator proposes to issue either a fixed monetary penalty or compliance notice, it must issue a notice of intent setting out the grounds for the penalty and/or notice, and providing information on the right for a person to make representations or objections within 28 days. A recipient of a notice of intent can also discharge any liability for payment of a fixed monetary penalty by paying £100.

If a person is served with a notice of intent in relation to a proposed compliance notice, that person may, in response, undertake to act in a way which benefits any third party affected by the offence. A regulator may accept or reject this third party undertaking.

Stop notices: a regulator may decide to serve a stop notice if it reasonably believes a person is carrying on (or anticipates that a person is likely to carry on) an activity that is causing, or presents a significant risk of causing, serious harm to the environment (including animal health), and that activity involves, or is likely to involve, the commission of an offence. A stop notice prohibits a person from carrying on the activity specified in the notice until that person has taken certain steps.

Enforcement undertakings: if a regulator has reasonable grounds to suspect that a person has committed an offence, a regulator can accept a written undertaking given by that person.

Non-compliance penalties: If a person fails to comply with a compliance notice or undertaking, a regulator may serve a notice imposing a monetary penalty in respect of the same offence. That penalty will be a percentage of the costs of fulfilling any remaining requirements in the notice or undertaking.

Regulators also have powers to enter premises without a warrant and take possession of any samples for as long as is necessary. 

What should suppliers of these products do now?

It is unclear when the Regulations will be approved, but when that date comes, businesses selling wet wipes containing plastic to consumers should ensure that any stock can be sold within 18 months.

In anticipation of the ban, businesses should consider their ability to supply to other businesses (rather than consumers), or to export to  countries where the supply and sale of wet wipes containing plastic is still permitted, or to source and sell wet wipes which do not contain plastic.

Businesses should begin to check the termination provisions in any relevant long-term supply contracts. Businesses left with unsold stock after the ban comes into force should consider how to dispose of their remaining inventory, as the products are likely to be viewed as ‘waste” by environmental regulators.

The proposed ban on wet wipes containing plastic is the latest in a series of recent bans on single use products. For our other articles on this topic, see “The Great British Clean-up: a ban on single-use plastics” and “Single-use vapes to be banned across the UK from 1 June 2025: what do you need to know?”.