New rules on selling and promoting vaping and nicotine products take effect across the UK on 29 October 2026.
They extend protections for under-18s, restrict promotional giveaways and substantial discounts, ban most vending-machine sales and give enforcement authorities additional fixed penalty powers. Here is what is changing, why we are making these changes and what happens if the law is not followed.
Why are we making these changes?
We want to protect children from nicotine addiction while maintaining vaping as a quit aid for adult smokers. The changes close gaps in age-of-sale rules, prevent adults from buying products on behalf of children and restrict promotions that encourage uptake.
Marketing and promotion are factors behind youth vaping. Stronger enforcement powers help authorities act against breaches and support retailers who follow the law. This is part of the phased implementation of the Tobacco and Vapes Act and supports the 10 Year Health Plan for England’s shift from sickness to prevention.
Which products cannot be sold to under-18s?
From 29 October, it is illegal to sell any vaping product or non-medicinal nicotine product to someone under 18, whether online or in a shop. This covers vape devices, e-liquids with or without nicotine, related components such as coils and pods, and nicotine pouches, strips and pearls. Products containing synthetic nicotine are also covered. Medicinally licensed products are subject to separate medicines legislation.
Selling nicotine-containing vapes to under-18s was already illegal. England, Wales and Northern Ireland are extending their rules to nicotine-free vaping products; Scotland already restricted their sale to under-18s. The changes also bring other nicotine products, such as tobacco-free nicotine pouches, within the age-of-sale rules. Retailers need to apply age checks to the full range of products covered, not just nicotine-containing vapes.
Can an adult buy a vape or nicotine pouch for a child?
No. Anyone aged 18 or over commits an offence if they buy, or attempt to buy, a vaping or nicotine product on behalf of someone under 18. This is called proxy purchasing. The rule covers nicotine-free vapes and non-medicinal nicotine products as well as nicotine-containing vapes. It prevents an adult purchase being used to get around the age-of-sale restriction.
What is changing for giveaways, discounts and coupons?
Promotional giveaways and substantial promotional discounts are prohibited for vaping and nicotine products, tobacco products, herbal smoking products and cigarette papers. The restrictions also cover giving away coupons, or selling coupons at a substantial discount, for these products. They apply where promotion is the purpose, or where the person knows or has reason to suspect that promotion will be the effect, including in shops and online.
This is not a blanket ban on every price reduction, multibuy or loyalty scheme. Businesses must assess individual offers against the legislation and published guidance: a promotion is not automatically lawful simply because it is described as a discount or clearance sale. Provision by public authorities to support smoking cessation can continue under the Act’s public health defence.
Can these products still be sold from vending machines?
Vending-machine sales of tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products are prohibited across the UK. The rule also covers machines that dispense a product as part of a sale even if the customer pays elsewhere. Responsibility rests with the person who has management or control of the premises where the machine is available for customer use.
A limited exemption allows vending machines selling vaping products in adult inpatient areas of mental health hospitals in England and Wales. It does not extend to nicotine pouches or tobacco products, or to general hospital settings. The wider restriction removes a route through which customers could obtain age-restricted products without a staffed retail sale.
What are the penalties for breaking the rules?
From 29 October, enforcement authorities can issue fixed penalty notices for a range of offences involving these products. In England and Wales, the fixed penalty is £200 for specified offences, with a reduced amount available for prompt payment. A notice gives the recipient an opportunity to avoid prosecution for that offence by paying within the specified period. The notice sets out the payment requirements.
The £200 figure is not a maximum court fine or a penalty that applies to every breach. Enforcement authorities can pursue prosecution, and a court can impose the penalty applicable to the particular offence. Failure to pay a fixed penalty notice can also lead to prosecution for the original offence. The offences covered, fixed penalty amounts and court penalties differ between England, Wales, Scotland and Northern Ireland.
Trading Standards lead retail enforcement in England, Wales and Scotland, with district councils responsible in Northern Ireland.
Does this stop adults using vapes to quit smoking?
No. Legal vaping products remain available to adults. Vaping is less harmful than smoking and can help adult smokers quit, but it is not risk-free. Children and adult non-smokers should never vape. Stop smoking services can continue to support adults, including through product provision covered by the public health defence.
Are these the same as the future tobacco age-of-sale changes?
No. From 1 January 2027, it will be illegal to sell tobacco products, herbal smoking products or cigarette papers to anyone born on or after 1 January 2009. Anyone born after this date will never be legally sold tobacco. That is separate from the vaping and nicotine age-of-sale rules taking effect on 29 October – where the age of sale is 18.
The intended comprehensive advertising and sponsorship ban from 1 June 2027, and future decisions on packaging, flavours, displays and smoke-free or vape-free places, are also separate measures.
What is a substantial discount?
A substantial discount is a price reduction that significantly lowers the cost of a product compared with its standard selling price. Whether a discount is substantial can vary depending on the product and the type of promotion. Selling products or coupons at a substantial discount is being banned to stop businesses trying to find a way round the free distribution offence.
Selling e-liquid, vape devices or nicotine products to customers in-store or through online promotions at a nominal sum, such as 10p, would likely be an offence. The substantial discount offence also applies to products that have the purpose or effect of promoting a vaping or nicotine product without being one of these products.
For example, a vape charger with vaping product branding. These restrictions do not affect normal discounting practices. Retailers can continue to sell unsold stock at a reduced price as part of normal business. Bulk and trade discounts may still apply.
Where can I find the guidance for these changes?
Guidance for all of the changes coming in on 29 October and 1 January can be found on GOV.UK: Smoking and vaping: guidance, policy and regulation - GOV.UK
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