Tobacco and Vapes Act FAQs

The Act introduces new offences, restrictions and enforcement powers relating to the sale of tobacco, vaping and nicotine products. These include:

• new age‑of‑sale restrictions creating a smoke‑free generation, making it an offence to sell tobacco products, herbal smoking products and cigarette papers to anyone born on or after 1 January 2009,
• proxy purchasing offences, aligning tobacco and vape/nicotine products,
• controls on free distribution and substantial discounting, with a ban on the free supply or promotional giveaways of vapes and nicotine products,
• ban on vending machines for vapes, nicotine and herbal smoking products and cigarette papers, extending existing rules on tobacco vending machines,
• new Fixed Penalty Notice (FPN) regime enabling local authorities to issue on‑the‑spot fines for offences such as underage sales,
• powers to introduce a mandatory licensing scheme for all tobacco, vape and nicotine retailers, including online sellers,
• ban on advertising and sponsorship of vapes and other nicotine products to reduce youth appeal,
• powers to regulate flavours, packaging, display and product standard, including digital features of vape devices, to limit attractiveness to children,
• powers to extend smoke‑free places (and corresponding vape‑free/heated‑tobacco‑free places) to certain outdoor settings such as outside schools, playgrounds and hospitals, subject to consultation,
• new requirements for retailers to display updated age‑of‑sale notices reflecting the birth‑cohort rule,
• powers to introduce a registration system for tobacco, vaping and nicotine products entering the UK market to strengthen consumer safety and enforcement.

Most measures, including the vending machine ban and Fixed Penalty Notices (FPNs), take effect six months after Royal Assent. The Government will confirm specific commencement dates.

The Act applies to:

• tobacco products (cigarettes, rolling tobacco, cigars, shisha, heated tobacco)
• cigarette papers
• herbal smoking products
• vapes and vape devices
• e‑liquids and components (coils, pods, cartridges)
• nicotine products such as pouches, gums, strips and pearls

• It is illegal to sell vaping or nicotine products to under‑18s.
• From 1 January 2027, it will be illegal to sell tobacco, herbal smoking products or cigarette papers to anyone born on or after 1 January 2009 (the “smoke‑free generation” cohort).
• These apply to both in‑person and online sales.

• From 1 January 2027, retailers must display an A3 sign stating:

“It is illegal to sell tobacco products to anyone born on or after 1 January 2009.”

• The sign must be clearly visible at the point of sale and comply with size and legibility requirements.

The Act introduces a ban on the advertising and sponsorship of vapes and other nicotine products. This means retailers, manufacturers and suppliers cannot promote these products through posters, online ads, social media, sponsorship deals, branded displays or other marketing activity intended to encourage sales.

Yes. The ban applies across all media, including websites, social platforms, influencer marketing, digital banners, emails and SMS promotions. Retailers may still present products on their own websites for the purpose of sale, but not in a promotional or youth‑appealing manner.

No. Branded advertising materials such as posters, banners, illuminated signs or countertop displays promoting vapes or nicotine products are prohibited. Neutral, factual product information needed to complete a sale may still be provided.

The Act grants powers to restrict or set standards for flavours, descriptors, colours, packaging, branding and product shapes where these are judged to increase youth appeal.

Yes. Ministers may introduce regulations limiting or banning flavours that disproportionately attract children or young people. Any such changes would follow consultation.

The Act allows regulation of digital and software‑based features, such as lighting effects, animations, games, Bluetooth connectivity or tracking apps, where these create youth appeal or pose safety risks.

Yes. Retailers will be expected to ensure the products they stock meet any future technical or safety standards introduced through regulation.

Yes. The Tobacco and Vapes Act gives Government the power to introduce a new mandatory licensing scheme for all retailers selling tobacco, vapes and nicotine products. The scheme will apply to both in‑person and online retailers and will be introduced through future regulations following consultation.

Under the proposed scheme (subject to consultation):

• A personal licence will be required to sell, display or possess regulated products for retail sale.
• A premises licence will be required for any premises used to store, expose or supply these products for retail sale.
• This aligns the sector with other regulated products such as alcohol.

All tobacco, vaping and nicotine products, including:

• nicotine and non‑nicotine vapes,
• e‑liquids, pods, cartridges,
• vape devices of all types,
• herbal/vitamin vapes,
• future and emerging products.

Applications will be made to the local licensing authority, but details of:

• application processes,
• fees,
• renewal cycles,
• conditions and enforcement
  will be determined through consultation.
• Local authorities are encouraged to feed into the design of the scheme.

No date has been set. The Government has rejected a fixed 12‑month delay and will instead introduce licences through phased secondary legislation, following consultation, with “appropriate notice” to retailers and councils.

The aims are to:

• protect children and prevent youth vaping,
• tackle rogue retailers and the illicit market,
• strengthen enforcement powers for councils,
• support legitimate businesses through clearer regulation,
• advance the smoke‑free generation ambition.

Councils will need to:

• administer the new licensing regime,
• develop or adapt licensing systems,
• process applications and renewals,
• link licensing with Trading Standards enforcement,
• train staff and prepare communication materials,
• support small retailers through transition.

Proxy purchasing is when an adult buys—or attempts to buy—a regulated product for an underage person. This is an offence and may result in a £200 FPN or a fine of up to £2,500.

It is illegal for a business to give away:

• tobacco products,
• vaping products,
• nicotine products, or
• coupons for such products.
  This includes promotional events or marketing campaigns.

An offence occurs when regulated products are sold at prices so low they resemble a giveaway (e.g.10p vapes or “free gift” pods). Ordinary retail promotions like “buy one get one free” remain lawful.

A new offence is created where customers can access a vending machine that dispenses:

• vaping products,
• nicotine products,
• herbal smoking products, or
• cigarette papers.
• Tobacco vending machines are already banned.

Yes, if customers cannot access them, such as when they are:

• behind the counter,
• in staff‑only areas,
• used solely by staff for storage.
• They must not be used by staff for personal use.

Only one: Adult mental health inpatient units may use vending machines for vaping products only, to support cessation or nicotine management.

FPNs allow a business or individual to pay a set penalty instead of being prosecuted. They are issued by local authority Trading Standards.

£200 FPNs apply to:

• under‑age sales of vapes and nicotine products,
• selling tobacco/herbal products/cigarette papers to those born on or after 1 January 2009 (from 2027),
• proxy purchasing,
• failing to display required signage,
• illegal product displays,
• free distribution,
• substantial discounting.
• Under‑18s cannot receive an FPN.

• Standard penalty: £200
• If paid within 14 days: £100
• Must be paid within 28 days
  Non‑payment can lead to prosecution.

Online retailers must implement:

• effective age‑verification at checkout, and
• age checks on delivery.
• Self‑declaration (tick boxes, typed dates of birth, credit card use) is not acceptable. Self‑service lockers are not recommended

The person who manages or controls the premises is legally responsible—not the vending machine supplier or delivery company.

Local authority Trading Standards enforce the rules, including inspections, test purchasing, issuing FPNs and prosecutions.

The Act enables Government to make certain outdoor areas smoke‑free and vape‑free, including places such as outside schools, playgrounds, hospitals and other child‑focused or community settings, subject to consultation.

Any extension will be introduced through secondary legislation following consultation with local authorities, health bodies and other stakeholders.

Councils would be responsible for communicating rules, updating local signage, and integrating enforcement into existing smoke‑free and Trading Standards activity.

The Act introduces powers to require manufacturers and importers to register tobacco, vaping and nicotine products before they can be placed on the UK market. This aims to improve traceability, safety oversight and enforcement.

Manufacturers, importers and anyone placing regulated products on the UK market may be required to register them once the system is introduced.

Registration will help authorities identify non‑compliant, unsafe or illicit products, enabling quicker action and more effective market surveillance.

Retailers may be required to ensure they only sell registered products, although specific duties will be set out in future regulations.

Councillors can:

• support communication to retailers and residents,
• raise awareness locally (youth services, schools, parents),
• understand Trading Standards pressures,
• promote reporting of illegal sales.

Officers may need to:

• update enforcement protocols,
• brief retailers and business groups,
• prepare and distribute signage,
• update website guidance,
• plan test purchase operations,
• set up FPN administration processes,
• prepare for licensing regime responsibilities.

Residents should report suspected breaches to local Trading Standards, with councils ensuring clear public signposting.