Trading Standards welcomes closure of loopholes as new tobacco and vape laws come into force

Posted 29/10/26

The Chartered Trading Standards Institute (CTSI) has welcomed the next phase of the Tobacco and Vapes Act, which comes into force today (29 October 2026), closing long-standing loopholes that Trading Standards has been calling on the Government to address.

From today, it is an offence across the UK to sell any vaping or nicotine product to anyone under the age of 18. In England, Wales and Northern Ireland, this includes non-nicotine vapes and nicotine products such as nicotine pouches for the first time, products which until now could legally be sold to children.

The public will be surprised to learn that these products were not already age restricted. Trading Standards officers regularly hear from concerned parents and members of the public who assume these products are already age restricted, and are shocked to be told that no offence has been committed and no action can be taken. These changes put that right.

Key changes coming into force:

From 29 October 2026: The following changes seek to protect children from becoming addicted to nicotine and give Trading Standards the tools to act:

• Age of sale: The age of sale for all vaping and nicotine products will be 18 and over. It will also be an offence for anyone aged 18 or over to buy, or attempt to buy, these products on behalf of someone under 18. In Scotland, where nicotine and non-nicotine vapes were already age restricted, the restriction will now also cover nicotine products.
• Vending machines: It will be an offence for a person with management or control of premises in the UK to have a vending machine from which customers can buy vaping products, nicotine products, tobacco products, herbal smoking products or cigarette papers, even if payment does not take place at the machine.
• Free distribution and substantial discounts: It will be an offence to give these products away for free, to sell them at a substantial discount, or to give or sell a coupon for them at a substantial discount, where the purpose or effect is to promote them. This also applies to items that promote these products, such as a vape charger with vaping product branding.
• Fixed penalty notices: Enforcement authorities across the UK will be able to issue fixed penalty notices for a range of offences relating to tobacco products, herbal smoking products, cigarette papers, and vaping and nicotine products.

Retailers who are unsure whether a customer attempting to buy vaping or nicotine products is aged 18 or over should verify the customer’s age. The overwhelming majority of retailers already have strong age verification procedures in place, and they are encouraged to review the Government guidance, brief their staff and make sure their policies now cover all vaping and nicotine products, including nicotine pouches.

CTSI has previously urged retailers to prepare for these changes, joining forces with public health organisations earlier this year to set out what businesses need to know ahead of the new rules. CTSI is continuing to support businesses through this next phase, providing support, guidance and training on the new rules so that retailers understand their responsibilities and can comply with confidence.

Responsible retailers also have an important role in tackling illegal sales. Anyone who becomes aware of businesses selling tobacco, vaping or nicotine products to children, or selling illicit products, is encouraged to report their concerns to their local Trading Standards service through the Citizens Advice Consumer Helpline.

John Herriman, Chief Executive of the Chartered Trading Standards Institute (CTSI), said: “These changes close loopholes that Trading Standards have been raising concerns about for years. Most people would be surprised to learn that it has been legal to sell nicotine pouches and nicotine-free vapes to children, and our officers have too often had to tell worried parents that there was nothing they could do. 

“From today, that changes. The new fixed penalty notices will also give Trading Standards a quicker, more proportionate way to deal with non-compliance, while robust action continues against those who deliberately flout the law.”

Kate Pike, CTSI Lead Officer for Tobacco and Vapes, said: “We’ve been asking for many years for more resources and more tools to tackle issues which people are really concerned about such as companies giving away free samples of vapes or nicotine products to children. 

“We’ve now got the regulations in place, the penalties alongside, and the investment in new Trading Standards Officers through the Tobacco and Vapes apprenticeship scheme. As the Tobacco and Vapes Act is rolled out, we look forward to additional regulations coming into force in the months and years ahead.”

ENDS

Chartered Trading Standards Institute (CTSI) 

The Chartered Trading Standards Institute (CTSI) is a national not for profit established in 1881 which supports the UK’s Trading Standards profession and works to protect consumers and safeguard honest businesses. CTSI's members are engaged in delivering frontline Trading Standards services at local authorities and in businesses 

www.tradingstandards.uk 

Businesses can find out everything they need to know on the free to use Business Companion website.

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

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