New regulations under the Tobacco and Vapes Act came into force on 29 October, introducing stricter controls on the sale and distribution of vaping and nicotine products in the UK. Retailers now face fines of up to £2,500 for breaches, alongside new requirements covering age of sale, vending machines, free samples, and proxy purchasing.
The changes follow last year's ban on disposable vapes, the introduction of Vaping Products Duty, and potential upcoming modifications to display and packaging regulations. Here are four key points retailers need to know.
Minimum Age of Sale Raised to 18
From 29 October, it became illegal to sell any vaping product or consumer nicotine product, including nicotine pouches and zero-nicotine vapes, to anyone under the age of 18. This applies to both online and in-store retail, so retailers operating a website must have an age verification system in place.
Retailers must ensure all staff are trained on the new age of sale and enforce strict ID checks. Selling nicotine products to an underage person can result in a Fixed Penalty Notice (FPN) of £200 in England, Wales, and Scotland, or £250 in Northern Ireland.
Vending Machine Ban
All vending machines selling vapes, zero-nicotine vapes, or other consumer nicotine products are now completely banned. Retailers with any vending machines containing tobacco or nicotine products must remove them before 29 October.
Prosecution in court can lead to a summary conviction fine of up to £2,500, or up to £5,000 in Northern Ireland. Alternatively, local authorities can issue an FPN of £200 in England, Scotland, and Wales, or £250 in Northern Ireland. The person who manages or controls the premises where the vending is located is responsible for complying with the ban, not the vending machine owner. Retailers wanting a vending machine removed should contact the owner as soon as possible.
Free Distribution Prohibited
Handing out free samples or free distribution of vapes and consumer nicotine products is also prohibited from 29 October. This includes giving a coupon or selling a coupon at a substantial discount for a vaping or nicotine product where the purpose or effect is to promote the product.
The ban covers not only free samples but also deals such as buy one, get one free, which are no longer legal.
Proxy Purchasing Extended
It is now an offence for anyone aged 18 or over to buy, or attempt to buy, vaping and nicotine products on behalf of someone under 18. While it was already illegal to buy cigarettes or vapes on behalf of an underage person, this is now extended to all nicotine products from 29 October.
All retail staff should be alert to prevent proxy purchasing and should be trained to identify situations where a customer may be attempting to buy these products for someone underage. If staff suspect proxy purchasing, they should refuse the sale.
