The UK government has introduced the Tobacco and Vapes Bill to the UK parliament.  If you are thinking we've written about this before, you'd be right.  Back in March, the previous government introduced a very similar Bill, but it didn't make it though the parliamentary process before the pre-election wash-up.  However, the Bill had cross-party support, and the new Bill forms part of the Labour government’s reform agenda to shift the focus of healthcare from sickness to prevention.

The Bill includes measures to create a smoke-free generation, phasing out the sale of tobacco products across the UK to anyone aged 15 or younger this year. It will:

  • ban vaping products and nicotine products from being sold to under 18s and ban their free distribution;
  • ban advertising, promotion and sponsorship agreements for vapes and nicotine products, mirroring the restrictions on tobacco; 
  • provide regulation-making powers to regulate the flavours, packaging, and other product standards of vapes and nicotine products; 
  • provide powers to regulate the display of vapes and nicotine products;
  • ban vape and nicotine product vending machines;
  • introduce powers to introduce a new registration scheme for all vapes and nicotine products. This scheme would also cover tobacco products.
  • introduce powers to extend smoke-free laws so that they could also prohibit the use of vapes and heated tobacco products in specified areas where smoking is prohibited.

In addition, the government will be given powers to extend the indoor smoking ban to specific outdoor spaces - with children’s playgrounds and outside schools and hospitals all being considered, subject to consultation. However, it has confirmed that in England, hospitality settings, including outside areas of pubs and bars, will not be included in the proposed extension to the indoor smoking ban. 

It will introduce on the spot fines of £200 to retailers found to be selling these products to people who are underage.

The government is also exploring standardising packaging for all tobacco products, for example cigars or pipe tobacco. Its call for evidence ends on 28 January 2025.

Separately, in June last year the ASA set out its concerns about vaping ads being targeted at or likely to appeal particularly to under-18s, especially online.  It has now published a follow-up report and says that it is closely monitoring legislative developments in this area and how that might affect the advertising codes and future regulation of vaping ads.  It also says that it has further enforcement action in the pipeline.

The Bill is due to receive its second reading in the House of Commons soon and will ultimately lead to a significant restriction on the marketing and sale of tobacco and vapes products, once fully in force.