AN illegal tobacco seller has been sentenced after £25,000 worth of counterfeit products were seized.
On February 21, 2025, Benjamin Rory Griffiths, aged 38, of Lanuthnoe Estate, St Erth, Hayle, was sentenced at Truro Crown Court having previously pleaded guilty to possessing counterfeit tobacco.
On October 27, 2023, officers from Devon and Cornwall Police executed a warrant at an address in Eastern Green, Penzance, where Griffiths was present. The officers seized 582 pouches (30kg) of hand rolling tobacco. The evidence was subsequently handed over to officers of Cornwall Council’s Trading Standards Team, who carried out further investigations.
The brand holders for the genuine products, Golden Virginia and Cutters Choice, provided evidence that confirmed the tobacco was fake. If these were genuine products, the retail value was estimated at £25,000.
At a previous hearing in January, Griffiths entered guilty pleas to two charges under Section 92 of the Trade Marks Act 1994, for possession of counterfeit tobacco, and a further charge under the Standardised Packaging of Tobacco Products Regulations 2015.
Griffiths was given a three-month sentence, suspended for two years. He was ordered to complete a 26-day programme with the Probation Service and 10 Rehabilitation Activity Requirement days.
He was also ordered to pay a victim surcharge of £154.
Sentencing, His Honour Judge Simon Carr said: “This is often seen as a victimless crime however it is not as there is no way of knowing what is in the products and on occasions counterfeit tobacco has been known to cause serious injury.”
The items seized will be destroyed.
Councillor Martyn Alvey, the portfolio holder responsible for Public Protection at Cornwall Council, said: “The trade in illegal tobacco seriously harms our efforts to reduce harm from smoking in Cornwall. With counterfeit tobacco, there is even less control over the substances that go into it, increasing the risk to users, who may simply think this is genuinely imported tobacco.”
Councillor Andrew Virr, Portfolio Holder for Public Health at Cornwall Council, said: “People think they’re saving money buying illicit tobacco but it’s much better for your wallet and your health to kick the habit completely.
“There are around 59,000 smokers in Cornwall and we know most people that do smoke would like to quit.
“Giving up is one of the best things you can do to improve your health, and it will save you a lot of money in the long run.
“Within eight hours of stopping, your oxygen levels return to normal and carbon monoxide levels in the blood are reduced significantly. Within one year the risk of a heart attack is reduced by half.”
Healthy Cornwall provides free advice to anyone who wants to stop smoking. Call 01872 324200 or search for “smokefree Cornwall” online for more information.