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Under-18 sales ban extended to nicotine products and all vapes

WHO nicotine warning
Nicotine pouches
Photo: iStock

Retailers across the UK face tighter restrictions on the sale and promotion of vaping and nicotine products from today (29 October), as new measures under the Tobacco and Vapes Act extend age-of-sale rules and introduce tougher enforcement powers.

The changes make it illegal to sell nicotine-free vapes and nicotine products, including pouches, strips and pearls, to anyone under 18 in England, Wales and Northern Ireland. In Scotland, where nicotine and non-nicotine vapes were already age-restricted, the rules now extend to nicotine products.


It is also an offence for adults aged 18 or over to buy, or attempt to buy, vaping or nicotine products on behalf of someone under 18.

The new rules close a loophole that previously allowed certain products, including nicotine-free vapes and nicotine pouches, to be sold legally to children.

The government estimates that more than one million children have tried vaping, with more than 370,000 vaping regularly, increasing their exposure to potential respiratory illnesses and nicotine addiction.

The measures also prohibit free giveaways and substantial discounts or coupons offered for promotional purposes, both in shops and online. The restrictions extend to promotional items associated with vaping and nicotine products, such as branded vape chargers.

Vending machines from which customers can buy vaping, nicotine and other specified tobacco-related products are also prohibited, even where payment is made away from the machine.

Local authority stop-smoking services can continue providing vaping products to help adults quit smoking.

Tougher enforcement for retailers

The Chartered Trading Standards Institute (CTSI) has welcomed the changes, saying they address longstanding gaps in the law and give enforcement officers additional powers to tackle non-compliance.

Trading Standards authorities across the UK can now issue fixed penalty notices for a range of offences involving vaping and nicotine products, as well as tobacco products, herbal smoking products and cigarette papers.

In England, Trading Standards will lead retail enforcement, supported by new fixed penalty powers designed to enable swifter action against rogue retailers.

Enforcement agencies are receiving up to £30 million a year until 2028/29. This includes up to £10 million annually for Trading Standards and the recruitment of 120 specialist apprentices to strengthen efforts to tackle illicit and underage tobacco and vape sales.

John Herriman, chief executive of CTSI, said the changes closed loopholes that Trading Standards had been raising concerns about for years.

“Most people would be surprised to learn that it has been legal to sell nicotine pouches and nicotine-free vapes to children, and our officers have too often had to tell worried parents that there was nothing they could do,” he said.

“From today, that changes.”

He added that fixed penalty notices would provide a quicker and more proportionate way to deal with non-compliance, while allowing robust action to continue against businesses deliberately flouting the law.

Kate Pike, CTSI lead officer for tobacco and vapes, said the organisation had long called for more resources and stronger powers to tackle practices such as companies giving away free samples of vaping or nicotine products to children.

“We’ve now got the regulations in place, the penalties alongside, and the investment in new Trading Standards Officers through the Tobacco and Vapes apprenticeship scheme. As the Tobacco and Vapes Act is rolled out, we look forward to additional regulations coming into force in the months and years ahead,” she said.

Retailers urged to review procedures

CTSI has urged retailers to review their age-verification procedures, brief staff on the new requirements and ensure their policies cover all vaping and nicotine products, including nicotine pouches.

Retailers who are unsure whether a customer is aged 18 or over should verify their age before completing a sale.

The institute said the changes were particularly important for businesses that may have previously sold nicotine-free vapes or nicotine pouches under different age-restriction arrangements.

Retailers are also being encouraged to familiarise themselves with the government guidance on promotional offers, free distribution and vending machines to ensure their practices comply with the new rules.

Businesses and members of the public who suspect retailers are selling tobacco, vaping or nicotine products to children, or dealing in illicit products, are encouraged to report their concerns to their local Trading Standards service through the Citizens Advice Consumer Service.

Dame Diana Johnson, minister of state for public health and patient safety, said the measures marked a further step in implementing the Tobacco and Vapes Act, which received Royal Assent on 29 April 2026.

“Our landmark Tobacco and Vapes Act was the greatest piece of public health legislation in a generation,” she said.

“Six months to the day since the Act became law, we’re extending protections for young people and stopping businesses from cashing in on our children’s health.”

Further restrictions planned

The changes form part of the Government's wider ambition to create a smoke-free UK and shift healthcare towards prevention under its 10 Year Health Plan for England.

Further measures are planned as the legislation is phased in.

From 1 January 2027, it will be illegal to sell tobacco products, herbal smoking products or cigarette papers to anyone born on or after 1 January 2009. This will establish a progressively rising age restriction intended to prevent that generation from ever legally buying tobacco.

The government also intends to bring a comprehensive advertising and sponsorship ban into force from 1 June 2027.

Additional proposals covering product packaging, flavours and displays, as well as extending smoke-free and introducing vape-free places, are also under consideration following consultations. The government said responses were being considered, with further details to follow.