The UK Government is introducing a landmark bill aimed at tightening regulations on the sale, advertisement, and use of tobacco, vapes, and other nicotine-related products. This legislation, currently at its second reading in the House of Lords after passing all stages in the House of Commons, is set to bring significant changes that will affect retailers, consumers, and enforcement authorities across the UK. The bill includes provisions to restrict the sale of tobacco to individuals born on or after January 1, 2009, enforce stricter licensing requirements, and introduce new rules on product advertising and display. The bill also outlines regulations for smoke-free, vape-free, and heated tobacco-free spaces, contributing to broader public health efforts.
With these sweeping changes on the horizon, it is crucial for retailers to understand their new legal obligations and for consumers to be aware of how these regulations will impact them. Below, we outline a number of the most significant clauses from the extensive bill and what they mean for businesses and the public.
This clause makes it an offence to sell any vaping or nicotine product to individuals under the age of 18. It replaces existing regulations that only applied to nicotine vapes and now ensures a consistent approach across all vaping devices and nicotine-containing substances. This change will take effect six months after the bill is passed.
The same legislation also applies for proxy sales, as outlined in Clause 11. Retailers should prepare for these changes by reviewing their age verification processes and ensuring staff are trained to comply with the new legal requirements.
This clause introduces measures to prevent persistent offenders from selling tobacco, vaping, and other nicotine-related products. A retailer who has committed a relevant offence at least twice within two years can be prohibited from selling such products for up to 12 months. These offences include selling tobacco or nicotine products to underage individuals, operating tobacco vending machines, and breaching sales regulations.
If convicted, an individual can be prohibited not just from selling these products but also from managing a premises that sells them. This restriction applies regardless of where the individual is employed, ensuring that repeat offenders do not continue their activities elsewhere.
FPNs provide an alternative to prosecution for businesses and individuals who breach age restriction laws on tobacco and nicotine products. The penalties apply to various offences, including:
The fines are set at £2,500 for licensing-related offences and £200 for all other offences, with a 50% reduction if paid within 14 days. This aims to enforce compliance while allowing offenders to resolve violations without facing court proceedings.
This clause updates Scottish tobacco laws to align with the new UK-wide restrictions, making it illegal to sell tobacco, herbal smoking products, and cigarette papers to anyone born on or after January 1, 2009. It also makes it an offence for adults to purchase these products on behalf of someone born after this date.
Retailers must display an updated age restriction notice: “It is illegal to sell tobacco products to anyone born on or after 1 January 2009.” Additionally, businesses are required to operate an age verification policy, checking ID for anyone appearing under 25, ensuring strict compliance with the new rules.
This clause allows for digital methods of age verification in Scotland, modernising the process beyond physical ID checks. Scottish Ministers will have the power to regulate acceptable verification methods, ensuring they are secure and reliable. Businesses will still have a defence if they can prove they took all reasonable steps to verify a customer’s age.
Scottish Ministers will have the authority to regulate how vaping and nicotine products are displayed in retail settings, including empty packaging. Unlike the regulations for England and Wales, this clause does not apply to tobacco products in Scotland, as they are already covered under existing Scottish legislation.
Retailers who fail to comply with the display regulations could face fines of up to £2,500. However, online displays are not covered by this clause, ensuring consistency with existing digital advertising rules.
This clause brings Northern Ireland in line with the UK-wide ban on selling tobacco and cigarette papers to those born on or after January 1, 2009. It also introduces a requirement for businesses to verify the age of customers using either physical ID or digital verification methods.
Retailers who fail to comply could face fines of up to £5,000, reinforcing strict enforcement measures to prevent underage sales.
Adults in Northern Ireland will be committing an offence if they purchase tobacco, herbal smoking products, or cigarette papers for anyone born on or after January 1, 2009. This mirrors similar regulations in the rest of the UK, preventing older individuals from circumventing age restrictions on behalf of minors.
Convictions could lead to fines of up to £5,000.
Retailers in Northern Ireland will be legally required to display a notice stating: “It is illegal to sell tobacco products to anyone born on or after 1 January 2009.” This requirement applies to all retail premises, including market stalls and mobile vendors.
The Department of Health in Northern Ireland will set specific guidelines on the size, colour, and placement of these notices. Failing to comply could result in fines of up to £1,000.
For the first time, Northern Ireland will introduce legal age restrictions on all nicotine products, not just vapes. Retailers selling any nicotine product to someone under 18 will face fines of up to £5,000 unless they can prove they took reasonable steps to verify the customer’s age through physical or digital methods.
The bill introduces stringent new restrictions on the advertising of tobacco, herbal smoking products, vaping products, and nicotine products:
These clauses aim to reduce exposure to tobacco and nicotine-related promotions, especially among young people, as part of the broader public health strategy.
Find further details on policy and each of the 170 clauses in the latest Tobacco and Vapes Bill Explanatory Notes (27th March).
At Serve Legal, we are committed to helping retailers navigate these new legislative changes and ensure full compliance. The bill is currently under review in the House of Lords, and further amendments may arise before it becomes law. Retailers should take proactive steps to train their staff, update compliance policies, and implement age verification measures to stay ahead of these regulations.
For expert guidance on compliance, staff training, and how to implement these new measures effectively, get in touch with us today.