New UK-wide rules banning the sale of vaping and nicotine products to anyone under 18 came into force on Thursday, October 29. Retailers who break the law face fixed penalty notices of £200 in England, Wales and Scotland, while further penalties could apply if cases reach court.
Scope of the New Regulations
The changes make it an offence across England, Wales, Scotland and Northern Ireland for those aged 18 and over to buy, or attempt to buy, vaping or nicotine products on behalf of someone under 18. Penalties may differ between nations.
In Scotland, nicotine and non-nicotine vapes were already subject to age restrictions. From today, those rules also cover nicotine products. The UK Government confirmed that, in England, Wales and Northern Ireland, this replaces the previous restriction that only applied to nicotine vaping products.
Products Covered and Promotional Bans
The regulations cover vape devices such as vape pens, substances to be vaped including e-liquid, and related components such as coils and vape pods. For nicotine products, the rules include nicotine pouches, nicotine strips and nicotine pearls.
It is now also illegal to distribute vaping or nicotine products free of charge where the intention or effect is to promote the product. Selling such products at significant discounts for promotional purposes is forbidden, and distributing coupons or selling them at substantial discounts with the aim or result of product promotion is unlawful.
Retailers must be satisfied that customers are aged 18 or over before making a sale. Selling to someone under the age of sale is a criminal offence and may result in formal action, including a fixed penalty notice (FPN) or prosecution. Customers may be asked to show ID to prove their age.
Penalties and Stop Smoking Services
In Northern Ireland, pending approval from the Northern Ireland Assembly, offenders could receive a £250 FPN. If a matter proceeds to court, penalties could rise to £2,500 in England, Wales and Scotland, and up to £5,000 in Northern Ireland. Those found purchasing products on behalf of underage individuals face the same consequences.
The UK Government has clarified that the regulations do not stop smoking services from supplying vaping products, nicotine items or coupons for such products if done in accordance with arrangements made by a public authority. This includes local authorities funding smoking cessation initiatives or NHS organisations commissioning or delivering stop smoking programmes where vapes are distributed free as a quitting aid. A stop smoking service can continue to offer coupons in exchange for vapes provided by a local vape store or online, so long as an agreement with a public authority is in place.
