New vaping laws will come into force on October 29, 2026, under Prime Minister Andy Burnham, introducing stricter rules on sales, promotions, and giveaways. Retailers in England and Wales who commit relevant offences at least three times within two years can face restricted sale orders or restricted premises orders, banning them from selling certain products for up to 12 months.
Age of sale raised to 18
From that date, the age of sale for all vaping and nicotine products will be 18 and over. Selling these products to anyone under 18 will be an offence. Offenders in England, Wales, and Scotland can receive a fixed penalty notice (FPN) of £200, while in Northern Ireland, subject to Assembly approval, the FPN is £250. Alternatively, a larger fine may be imposed on summary conviction in a magistrates’ court or equivalent.
Proxy purchases and giveaways banned
It will also be an offence for anyone aged 18 or over to buy or attempt to buy vaping or nicotine products on behalf of someone under 18. Retail staff are expected to be alert to prevent proxy purchasing and should be trained to identify such situations. The government will also ban giving away vaping or nicotine products for free where the purpose or effect is to promote the product.
Discounts and coupons restricted
Selling vaping or nicotine products at a substantial discount for promotional purposes will be illegal. A substantial discount is a price reduction that significantly lowers the cost compared with the standard selling price. Selling products or coupons at a nominal sum, such as 10p, could be an offence. Giving or selling coupons at a substantial discount for promotional purposes will also be banned, including physical and electronic forms. The ban on free distribution also applies to items that promote vaping products without being the products themselves, such as branded vape chargers.
These measures are part of Burnham’s broader effort to regulate high street vape shops, including new planning permission requirements and stronger local authority powers to restrict betting shops and gaming centres. The changes aim to address public concerns about vaping among young people.
