The changes strengthen protections for young people and introduce new offences that businesses must avoid.
Jo Soar from our business licensing team covers the changes.
What has changed?
From today, retailers must ensure they comply with the following requirements:
- No sales to under-18s: it will be an offence to sell any vaping product, including zero-nicotine vapes, or nicotine products such as nicotine pouches to anyone under 18. This applies to online sales as well as sales in shops.
- No proxy purchasing: adults will commit an offence if they buy, or attempt to buy, these products on behalf of someone under 18
- No promotional giveaways: giving away vaping or nicotine products, or relevant coupons, to promote their sale will be prohibited
- Restrictions on substantial discounts: selling these products at substantial discounts for promotional purposes will be an offence. Ordinary discounting practices can continue where they fall outside the restriction.
- Vending machine restrictions: the sale of vaping, nicotine and specified tobacco-related products through vending machines will be prohibited, subject to limited exceptions
The consequences can be significant.
In England, retailers and individuals who commit certain offences may face a £200 fixed penalty notice, with larger fines possible following prosecution.
What should retailers do now?
As experts in licensing legislation, we would advise that businesses:
• review their age-verification procedures
• ensure staff understand the new rules
• check promotional offers and pricing arrangements
• remove any prohibited vending machines or promotional giveaways before the changes take effect
What happens next?
Further changes are on the horizon. From 1 January 2027, the law will prohibit the sale of tobacco products to anyone born on or after 1 January 2009, with the age restriction increasing by one year each year.
Further restrictions on the advertising and promotion of vaping and nicotine products are also planned, alongside new powers to regulate product packaging, flavours and displays.
The message is simple: now is the time to review your business practices, train your staff and prepare for the new requirements. Acting will help avoid costly enforcement action later.
Further guidance on selling vaping and nicotine products can be found on the government website.
Need advice on the new vape laws?
If your business sells vapes, nicotine products or tobacco, our licensing team will help you understand the changes and what they mean for your business.
Get in touch on 03456 465 465 or enquiries@rotherabray.co.uk for further information and advice on staying compliant with the new requirements.
