The Tobacco and Vapes Act became law in April 2026. If you sell vapes and vaping products, whether online or offline, you might be wondering how this new law might impact your business. For instance, are vapes a tobacco product now?
In this post we’ll take a closer look at the Tobacco and Vapes Act, to help you determine what steps you should take to ensure your business remains compliant.
Tobacco and Vapes Act – The Basics
The Tobacco and Vapes Act has introduced a range of new restrictions on the sale of tobacco, vaping, and nicotine products. In addition, authorities have new powers to enforce these restrictions, and there are new penalties for anyone found breaching them.
Here are a few key elements of the new law:
- From 1 January 2027 it will be an offence to sell any tobacco products, including herbal smoking products and cigarette papers, to anyone born on or after 1 January 2009. Retailers must also clearly display a notice highlighting this age-of-sales restriction.
- It is now illegal to sell vapes, nicotine products, and herbal smoking products from vending machines.
- There are new laws against advertising vapes and other nicotine products. This includes a ban on sponsorship deals and on promotional giveaways.
- There are now on-the-spot fines in the form of Fixed Penalty Notices (FPNs) for anyone caught breaching any of these laws.
New Tobacco and Vapes Act Regulatory Powers
In addition, the Act gives authorities new regulatory powers, including:
- A new mandatory licensing for all tobacco, vape, and nicotine retailers. This extends to online retailers.
- The ability to regulate flavours, packaging, and displays, including online features, in order to make them less appealing to children and young people.
- Powers to extend smoke-free and vape-free places to certain outdoor settings.
- A new registration system for all tobacco, vape, and nicotine products entering the UK.
You can read more about the new Act, and the reasoning behind these new laws, on the Government’s website.
Are Vapes a Tobacco Product Now?
Not quite. But they are now subject to many of the same restrictions that apply to tobacco products.
However, the government currently has no intention to ban vapes outright. They acknowledge that vapes can help some established smokers quit. These new laws are simply designed to make vapes less appealing, and less accessible, to children and young people.
Bear in mind, though, that there are restrictions on the type of vape products you can sell. Read our guide to which vapes are legal and illegal in the UK.
What The Tobacco and Vapes Act Means For Vape Retailers
- New licensing scheme – The Act has provided powers to introduce a new licensing scheme in England, Wales, and Northern Ireland, while strengthening Scotland’s existing retail register. This will extend to the sale of vapes and vaping products. It’s not yet clear what sort of timeline we’re looking at, but you must be prepared to register your business once this scheme goes live.
- Marketing rules – You may have to review your marketing, your packaging, your point of sales displays, and your promotional campaigns. For example, you can no longer encourage sales with online ads, posters, social media campaigns, sponsorship deals, or branded displays.
- Age verification – You may have to review or strengthen your age verification systems to ensure that you never sell any products to anyone underage.
This Parliament Briefing gives a thorough guide to the business implications of the new Tobacco and Vapes Act.
Dedicated Insurance Cover For Vape Shops
If you sell vapes, either online or offline, we can help you get the specialist vape insurance you need at a competitive price. We can also advise you on how your cover needs may change as a result of these new regulations.
For more information, call us on 0208 290 9080 or email ecig@anthonyjones.com.
Find out more about our vape insurance and see if you can save on your insurance costs by getting a quote today.