The changes apply across England, Scotland, Wales and Northern Ireland, although financial penalties differ between nations. They cover a wider range of products than previous legislation, including nicotine-free vapes and oral nicotine products. The measures form part of the Government’s broader efforts to restrict young people’s access to nicotine and vaping products.
New Age Restrictions Cover Vapes, Nicotine Pouches and Promotional Offers
Under the legislation, retailers are prohibited from selling vaping products to anyone under 18, regardless of whether they contain nicotine. According to UK Government guidance, the restrictions apply to vape pens, e-liquids, replacement pods, coils and other components used in vaping devices.
The same age limit now applies to nicotine pouches, dissolvable nicotine strips and nicotine pearls. These products deliver nicotine without requiring the user to smoke or inhale vapour.
Previously, restrictions in England, Wales and Northern Ireland applied only to vaping products containing nicotine. Scotland already restricted sales of both nicotine-containing and nicotine-free vapes to children, but its rules have now been extended to other nicotine products.
Adults aged 18 or over are also prohibited from purchasing, or attempting to purchase, these products on behalf of anyone underage. The measure covers parents and other adults buying vaping or nicotine products for children.
The legislation also changes how businesses can promote these products. Free giveaways intended to encourage sales are prohibited, alongside substantial promotional discounts and discounted coupons. The restrictions apply where the purpose or effect is to promote vaping or nicotine products.
According to The Sun, vending machines selling tobacco products, herbal smoking products and vapes are also prohibited under the new arrangements.
Retailers must be satisfied that customers are at least 18 before completing a sale. Anyone purchasing vaping or nicotine products should therefore be prepared to provide identification when requested.
Retailers Face £200 Penalties As Further Tobacco Restrictions Approach
Businesses and individuals who breach the age-of-sale rules can face financial penalties or prosecution. According to Chronicle Live, selling vaping or nicotine products to someone under 18 can result in a £200 fixed penalty notice in England, Wales and Scotland.
In Northern Ireland, the proposed fixed penalty is £250, subject to approval by the Northern Ireland Assembly.
More serious enforcement action can lead to court proceedings. The maximum fine is £2,500 in England, Wales and Scotland, rising to £5,000 in Northern Ireland. Adults purchasing products on behalf of underage individuals face the same maximum court fines.
The restrictions do not prevent publicly authorised stop-smoking services from supplying vaping or nicotine products. Services funded or commissioned by local councils or NHS organisations may continue providing products or vouchers under arrangements with public authorities.
Further tobacco restrictions are scheduled for 2027, including a prohibition on selling tobacco products, herbal smoking products and cigarette papers to anyone born on or after 1 January 2009.
The Government is also introducing restrictions affecting vape packaging, flavours and displays.
Chief Medical Officer Professor Chris Whitty said encouraging children to vape or become addicted to nicotine could expose them to serious health harms. Public health guidance continues to recognise vaping as less harmful than smoking, while advising children and adult non-smokers not to vape.
