New vaping laws come into force in the UK from October 1, restricting who can buy vapes and tightening marketing rules, under changes championed by Andy Burnham. The measures include a new Vaping Products Duty (VPD) and bans on vending machine sales and free distribution.
Vaping Products Duty takes effect
The VPD, first announced in the 2024 Spring Budget and confirmed in the Autumn 2024 Budget, applies from October 1. It is set at £2.20 per 10ml of vaping liquid and charged at a flat rate regardless of nicotine content. The duty also applies to imported vaping products as well as those made in the UK.
On the duty changes, the government said it is "committed to reducing the affordability and appeal of vaping products, particularly among young people and non-smokers, while maintaining the financial incentive for smokers to switch to less harmful alternatives."
Bans on vending machines and free samples
From October 29, the government will ban the free distribution of vapes and their sale from vending machines, under the Tobacco and Vapes Act. 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 someone under 18, known as proxy purchasing.
Other new offences include giving away a vaping or nicotine product for free to promote it, selling such products at a substantial discount for promotional purposes, and giving or selling coupons at a substantial discount for promotional purposes. Together, these amount to a complete ban on promotional sales of vape and nicotine products.
Scope and penalties
The rules apply to vape pens, e-liquid and related components such as coils and vape pods. Nicotine products covered include pouches, nicotine strips and nicotine pearls. The restrictions do not apply to medical devices and medicinal products.
In England, Wales and Northern Ireland, this replaces the previous restriction that 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 18 could receive a fine of £200 (or £250 in Northern Ireland), rising to £2,500 if unpaid in England, Scotland and Wales (£5,000 in Northern Ireland). Prosecution could be pursued in more severe cases. Suspected underage sales should be reported to the local trading standards office.
The changes follow the Prime Minister granting power to local councils to restrict vape and betting shops on 'hollowed out' high streets. 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 prevent businesses circumventing the rules by claiming to be general convenience stores or retailers.
Mr Burnham said earlier this year: "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."
