UK Tobacco and Vapes Bill to Ban Tobacco Sales to Those Born After 2009, Effective 2027

On November 13th, the UK government website released a document titled "Tobacco and Vapes Bill: creating a smoke-free UK and tackling youth vaping factsheet". This legislation will be a milestone in the UK's efforts to become a smoke-free nation.

The bill aims to gradually ban the sale of tobacco products and introduce a smoke-free generation nationwide. Selling tobacco products, herbal smoking products, and cigarette papers to individuals born on or after 1 January 2009 will be illegal. Children born on or after this date will never be able to be legally sold tobacco products, breaking the cycle of addiction and disadvantage.

The products in scope include:

• cigarettes
• hand rolled tobacco
• cigars
• cigarillos
• pipe tobacco
• waterpipe tobacco products (for example, shisha)
• chewing tobacco
• heated tobacco
• nasal tobacco (snuff)
• herbal smoking products
• cigarette papers

Display, sales, and advertising restrictions:

In addition, the bill will also prohibit all vape and other nicotine products (such as nicotine pouches) from advertising and sponsorship, following strict restrictions similar to those imposed on tobacco.

The bill will fill a gap by banning the sale of all vapes and nicotine products to those under 18 years old, as well as prohibiting the free distribution of these products and sales through vending machines.

The minister will also have the authority to regulate the flavors, packaging, and display of vapes and other nicotine products, as well as the power to modify and update product standards.

Expanding existing legislation

The Tobacco and Vapes Bill will also extend existing indoor smoking restrictions to certain outdoor public spaces and workplaces. The government is considering expanding smoke-free areas to include areas outside of schools, children's playgrounds, and hospitals, but will not cover outdoor dining areas or beaches and other broader open spaces. Specific locations that should be smoke-free will be determined through secondary legislation and will undergo thorough consultation.

In addition, smoke-free places also prohibit vapes and heated tobacco products.

Strict law enforcement and product registration system

Furthermore, the bill will enhance enforcement efforts and support the implementation of the above measures. It will empower the introduction of a specific licensing regime for retail tobacco products, herbal smoking products, rolling papers, vapes, and nicotine products in England, Wales, and Northern Ireland. The bill also strengthens Scotland's existing retail registration, expanding it to include herbal smoking products and nicotine products.

It will also give enforcement agencies in England and Wales the power to issue Fixed Penalty Notices (FPNs) of up to £200 for illegal activities, including selling tobacco and vape products to minors, and £2,500 FPNs for offences in connection with licensing.

The government will also be given the authority to introduce a new product registration system for tobacco, vaps, and nicotine products. This system will outline requirements for producers and manufacturers before their products are sold to consumers.

Geographical scope

The bill will apply to the entire UK and will create a coordinated and consistent regulatory framework for tobacco and vape products, building on existing legislation in the four constituent countries. The UK government worked in partnership with the Scottish government, the Welsh government, and the Northern Ireland Executive to develop the bill. 

Under the devolution agreement, measures vary across the UK, with Wales and Scotland already making further progress in smoke-free areas, banning smoking outside hospitals. Wales has also implemented smoke-free policies outside hospitals and school grounds.

Subject to approval from Parliament, the age of sale restrictions for tobacco will come into force on 1 January 2027, when those born on 1 January 2009 turn 18.