Retailers in Scotland urged to prepare for next phase of Tobacco and Vapes Act

Posted 13/08/26

Joint statement from the Chartered Trading Standards Institute (CTSI) and Action on Smoking and Health Scotland (ASH Scotland).

Leading public health and Trading Standards organisations have joined forces to help retailers prepare for the next phase of the Tobacco and Vapes Act, as the UK Government publishes new UK-wide guidance on changes coming into force from October 2026 and January 2027.

In a joint letter to the sector, the Chartered Trading Standards Institute (CTSI) and Action on Smoking and Health Scotland (ASH Scotland) have set out the key changes businesses need to know, alongside practical guidance to support implementation. The organisations are calling on retailers to familiarise themselves with the new requirements now, ensuring they are ready to deliver on the next stage of the landmark legislation.

Key changes coming into force

Guidance has now been published to support retailers ahead of the next implementation phase. The main changes include:

From 1 October 2026: The vape excise tax will come into effect. Retailers will have until April 2027 to sell through existing stock but be mindful that selling products, which entered the supply chain after the 1 October and do not have a tax stamp, will be an offence. More information is on the HMRC website. 

From 29 October 2026: The following additional restrictions seek to protect children from becoming addicted to nicotine:

• A minimum age of sale of 18 will apply to all consumer nicotine products, including nicotine pouches.
• Vending machines that are used in the distribution of consumer nicotine products will be prohibited.
• The free distribution of vapes and other consumer nicotine products will be prohibited. 
• Scotland’s Register of Tobacco and Vaping Product Retailers will be extended to include herbal smoking and nicotine products, and the Age Verification Policy requirement will also be extended to cover these products.

From 1 January 2027: The smokefree generation law comes into force. It will become illegal to sell tobacco to anyone born on or after 1 January 2009. Existing customers who can legally buy tobacco before then will continue to be able to do so. In practice, this is simply an additional date-of-birth check within your existing age verification procedures.

Responsible retailers have an important role in tackling the illicit market. If they become aware of businesses selling illicit tobacco or vapes, or selling tobacco or nicotine products illegally, we encourage them to report their concerns. To report illegal or underage sales in Scotland, please complete the reporting form on the Society of Chief Officers of Trading Standards in Scotland (SCOTSS) website.

CTSI and ASH Scotland have also highlighted that retailers, enforcement bodies and public health organisations all have a shared role in ensuring the success of the legislation. They concluded that reducing smoking rates will lead to healthier communities, increased consumer spending power and wider economic benefits – outcomes that ultimately support responsible retailers. Retailers are encouraged to review the full Government guidance, brief their staff and ensure they are ready ahead of the upcoming deadlines.

John Herriman, Chief Executive of the Chartered Trading Standards Institute (CTSI), said: "Responsible retailers play a vital role in protecting children and supporting fair trading. The overwhelming majority already have strong age verification procedures in place, and these new requirements build on those existing systems rather than creating a significant new burden. Trading Standards will continue to support businesses with clear advice and proportionate enforcement, while taking robust action against those who deliberately flout the law."

Sheila Duffy, Chief Executive of Action on Smoking and Health (ASH) Scotland, said: “Retailers are on the front line in keeping harmful products out of the hands of children, and these changes will help to reduce the addiction and health damage that tobacco and consumer nicotine products cause, and enable people in all our communities to live longer, healthier lives.”

Christopher Bell, Chair of the Society of Chief Officers of Trading Standards in Scotland, said: “Local Authority Trading Standards services work every day with businesses up and down Scotland to make sure our communities and young people are safe.  These new laws on tobacco and vapes will assist that work, enabling constructive collaboration with reputable retailers and for firm action to be taken against those that don’t trade fairly or safely.  The extension of the laws to a much wider range of nicotine products is very welcome.  The Society of Chief Officers of Trading Standards in Scotland (SCOTSS) works closely with ASH Scotland to promote and develop this work.”

ENDS

Contacts:

ASH Scotland: [email protected]

CTSI: [email protected] 07811 244602

Notes for Editor

Link to the letter: https://ashscotland.org.uk/retailer-letter/

Links to the Government’s new guidance for businesses

1. Selling tobacco, herbal smoking products and cigarette papers: https://www.gov.uk/guidance/selling-tobacco-herbal-smoking-products-and-cigarette-papers
2. Selling vaping and nicotine products: https://www.gov.uk/guidance/selling-vaping-and-nicotine-products
3. Tobacco, vaping and nicotine products: fixed penalty notices: https://www.gov.uk/guidance/tobacco-vaping-and-nicotine-products-fixed-penalty-notices
4. Tobacco and vaping product vending machine ban: https://www.gov.uk/guidance/tobacco-and-vaping-product-vending-machine-ban

Please contact CTSI Press Office: [email protected] for any queries.

---