The Smokefree Generation: A look into the UK’s Tobacco and Vapes Bill

The Tobacco and Vapes Bill (the Bill), initially put forward by the Conservatives and reintroduced by the government on 5 November 2024,

The Bill, which is currently making its way through the House of Commons, will come into force on 1 January 2027 when those born on 1 January 2009 will turn 18 years of age. Once in force, it will raise the age-of-sale for all tobacco products by one year every year, meaning that tobacco can never be legally sold to anyone born on, or after, 1 January 2009.

In summary, the Bill aims to: Reduce the appeal of vaping and other consumer nicotine products (including waterpipe tobacco, such as shisha, cigarette papers, and herbal smoking products) to young people. Gradually phase out the sale of tobacco products. Strengthen enforcement activity so as to prevent the underage sales of tobacco and vapes.

Discussion around the impact of vaping in young people continues to be extensively aired   On 2 September 2024, Lord Bethell in the House of Lords remarked that “in seeking to forestall one deadly epidemic associated with smoking tobacco, we might accidentally be creating another one and vapes also present us with a classic but horrible public health dilemma”.  He concluded that current regulation is completely failing to prevent young people taking up vaping. 

With Lord Storey also reporting that approximately 18% of young people aged 11-17 had tried vaping in 2024 alone, and notwithstanding laws prohibiting the sale of vapes to under-18s, it is clear that more needs to be done to protect children whilst maintaining the intended purpose of vaping as an effective means of helping adults to stop smoking tobacco.

The law as it stands

The current age of sale restriction for tobacco products is imposed under the Children and Young Persons Act 1933 in England and Wales, the Tobacco and Primary Medical Services (Scotland) Act 2010 in Scotland, and the Health and Personal Social Services (Northern Ireland) Order 1978 in Northern Ireland.

Aside from age controls, tobacco is currently regulated across the UK by the Health Act 2006 which prohibits smoking in enclosed public spaces, and by laws regulating public display , advertising, and plain packaging.

Vaping products are currently regulated under the Tobacco and Related Products Regulations 2016, which implemented the EU Tobacco Products Directive (“the TPD”) into UK law. The TPD includes rules for nicotine-containing e-cigarettes, setting minimum standards for safety, as well as information to be provided to consumers. It did not set age restrictions, or terms relating to sales and advertising. It also did not apply to non-nicotine containing vapes.

Age restrictions were later introduced by each of the nations of the UK, prohibiting sales to minors under the age of 18.

Key proposals under the Bill, which:

• Raises the age-of-sale for all tobacco products and herbal smoking products by one year every year from 2027 onwards. This means that tobacco can never be legally sold to anyone born on or after 1 January 2009.
• Extends current age restrictions for selling nicotine-containing vapes to non-nicotine containing vapes, making it illegal to sell or provide any vaping product to individuals under 18.
• Makes it illegal for adults to purchase vaping products on behalf of those under 18 – also known as ‘proxy purchasing’.
• Prohibits retail sales of tobacco products in England without a license.
• Bans the advertising and sponsorship of vapes and nicotine products.
• Seeks to limit the appeal of nicotine and non-nicotine vapes to children by regulating flavours, descriptions, packaging, and point-of-sale displays.
• Allows enforcement authorities in England and Wales to issue Fixed Penalty Notices (FPNs) to retailers to crack down on offences such as underage sales.
• Makes it illegal to give out free samples of, and/or allow a vending machine to be used for, such products.
• Requires cigarettes to be sold in original packaging and not split or sold in smaller quantities.

Enforcement

The proposed rules will be enforced by Trading Standards Officers at a local level in England and Wales, with Officers empowered to impose FPNs in the event of a breach.   

Whilst the Bill does not provide for direct enforcement measures applicable to tobacco and vaping manufacturers, companies will face pressure from retailers to produce products that comply with the proposed  new rules, as retailers will not want to risk being fined for selling non-compliant products. 

Future consultation

While some of the powers proposed under the Bill (e.g. power for the government to introduce a retail licensing scheme) will come into play upon enactment of the Bill, other powers will be subject to a full consultation.  

Impact on manufacturers and retailers

Once in force, the Bill will impact businesses producing and selling tobacco and vaping products in the UK. However, while the total revenue and profit margins may decrease in the long-term, the current demand for tobacco will not disappear overnight and therefore the industry is not at an immediate risk.

The proposed restrictions of flavours of vapes may mean that some manufacturers will have to adapt their products, including changing the packaging and marketing materials (for example, avoiding bright colours or imaging) to ensure that they do not appeal to young people.  Manufacturers, suppliers and retailers of vaping products will wish to consider phasing out potentially non-compliant stock (such as colourful, fruit-flavoured vapes) before the proposed restrictions come into effect on 1 January 2027.

MPs in the All-Party Parliamentary Group on Smoking and Health have also tabled several amendments to the Bill, including proposals to introduce health warnings on individual cigarettes and consulting on a “polluter pays” levy (reported to have the potential to raise up to £700 million per annum), requiring tobacco producers to pay for ‘stop smoking’ services.

Accordingly, compliance with the new rules, once in force, is expected to increase costs for manufacturers and suppliers, with a risk that these costs could be passed on to the consumer in due course.

The Public Bill Committee’s consultation

A consultation launched by the Public Bill Committee closed on 30 January 2025.  Several stakeholders responded, including the Independent British Vape Trade Association (IBVTA) which urged the Committee to consider an inclusive and transparent consultation process that includes industry representatives, public health experts, and consumer groups.   The IBVTA also calls for regulation that preserves vaping as a harm reduction tool, protecting youth, and enabling adult smokers seeking to switch to safer alternatives. It also called for evidence-based campaigns from non-government sources that address widespread misconceptions about vaping and promote its role in smoking cessation.

IKE Tech LLC (IKE), a joint venture aiming to develop secure, user-friendly solutions for age verification and biometric authentication for products, also responded to the consultation.  IKE welcomes the Bill but considers that the main issue is accessibility to the underage population. Commenting that underage vaping through verification at the point of sale is not sufficient to combat youth vaping, IKE proposes that the Bill is amended to give the Secretary of State the necessary statutory powers to introduce a regime for age verification at the point of sale, for example, through integrating a low-cost Bluetooth chip and secure identity verification technology into vapes which would enable a device to be locked as necessary, restricting access to the underage population. 

Looking ahead

The Public Bill Committee has reported the Bill, with amendments, to the House of Commons.  Further amendments are expected to be made at the Report Stage in due course.

We will continue to monitor the progress of this Bill as it makes its way through the legislative process.