The government has unveiled a range of changes to vaping laws which will come into effect at the end of October, restricting who can purchase the devices and cracking down on how they are being marketed.
Age restrictions and proxy purchasing
Andy Burnham is aiming to curb the appeal of the habit for young people in the UK by making it an offence to sell any vape products to a person under the age of 18. This will include nicotine pouches and zero-nicotine vapes. This rule will come into place on 29 October.
It will also become an offence for anyone aged 18 or over to buy, or attempt to buy, vaping or nicotine products on behalf of a person under the age of 18. This is known as proxy purchasing.
Ban on promotional sales
According to the Department of Health and Social Care, several other offences are being introduced just over two months from now. These include giving away a vaping or nicotine product for free where the purpose or effect is to promote the product, selling a vaping or nicotine product at a substantial discount where the purpose or effect is to promote the product, and 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. These offences amount to a complete ban on promotional sales of vape and nicotine products.
The new range of laws apply to vape pens, e-liquid and any related components such as coils and vape pods. The nicotine products referred to include pouches, nicotine strips and nicotine pearls. The restrictions do not apply to medical devices and medicinal products.
Regional variations and penalties
In England, Wales and Northern Ireland, this change replaces the previous restriction which only applied to nicotine vaping products. In Scotland, both nicotine and non-nicotine vapes were already subject to age restrictions, but these will now also cover nicotine products from the end of October.
Anyone found guilty of selling a vape or nicotine product to someone under the age of 18 could receive a fine of £200 (or £250 in Northern Ireland). This could rise to £2,500 if unpaid in England, Scotland and Wales (£5,000 in Northern Ireland). Prosecution could be pursued in more severe cases. If anyone suspects that someone is selling vaping or nicotine products to underage people, they are urged to contact their local trading standards office.
High street planning changes
The latest changes come after the Prime Minister granted power to local councils to restrict vape and betting shops on 'hollowed out' high streets, under the government’s plans to give local communities greater control over their town centres. Under the new rules, vape shops will require planning permission, with local residents given a greater say over whether they can open and to stop them opening near schools. The definition of a vape shop will also be tightened to stop businesses getting around the new rules by claiming to be a general convenience store or retailer.
Mr Burnham said earlier this month: “For many people, the high streets they grew up with have been hollowed out and become unrecognisable over decades of decline. The rise of vape shops, betting shops and rogue operators have replaced the shops, services, and community spaces that people are crying out for. That’s not on. I said we would improve Britain’s high streets, and that’s exactly what we are starting to do.”
