Big kidsWellbeing

New vape rules: what parents need to know from 29 October

Age-of-sale rules now cover nicotine-free vapes and non-medicinal nicotine products, while promotion and vending rules also change. The nicotine-vape ban for under-18s is not new.

29 October 20263 min read

In short

  • Nicotine-free vapes and non-medicinal nicotine products are now included in under-18 sales rules across the UK.
  • Adults aged 18+ must not buy covered products for an under-18; promotional giveaways and some vending sales are also restricted.
  • Scotland already had under-18 rules for all vapes, so the change is not identical in every nation.

From Thursday 29 October, the rules governing sales and promotion of vapes and nicotine products have changed across the UK. The headline is not a new ban on selling nicotine vapes to under-18s: that was already illegal. What has changed is the range covered, including nicotine-free vapes and non-medicinal nicotine products, alongside new restrictions on promotional offers and vending machines. The detail differs between nations, so “all vapes” does not mean every part of the law is new everywhere. The DHSC guide and the Act’s commencement section and provision notes record the relevant rules as in force on 29 October.

What is now age-restricted?

Retailers, including online sellers, must not sell any vaping product or non-medicinal nicotine product to anyone under 18. Vaping products include devices, e-liquid, pods and coils, whether they contain nicotine or not. The nicotine category includes non-medicinal pouches, strips and pearls; products containing synthetic nicotine are also covered. Medicinal products are treated separately under medicines legislation, while standalone batteries and chargers are not classed as vape components for these rules. The product scope and sale restriction appear in section 10, section 61 and section 80 of the Act, alongside the DHSC guidance.

That means a product labelled nicotine-free is not a way around the age restriction in England, Wales or Northern Ireland from today. Scotland already restricted sales of nicotine and non-nicotine vapes to under-18s; from 29 October, its rules also cover non-medicinal nicotine products. Scotland separately brings herbal smoking products under its existing under-18 sales and proxy-purchase rules. These distinctions appear in section 56 and the DHSC’s nation-by-nation guidance.

Adults buying for under-18s

An adult aged 18 or over commits an offence by buying or attempting to buy a covered vaping or nicotine product on behalf of someone under 18. This is called proxy purchasing. In England, Wales and Northern Ireland, the expanded rule reaches beyond nicotine-containing vapes to nicotine-free vapes and non-medicinal nicotine products. Scotland already applied proxy-purchase restrictions to vapes, and now extends them to non-medicinal nicotine products too. The relevant provisions are sections 11, 61 and 81 of the Act; the official guidance explains the pre-existing differences.

Promotional offers and vending machines

From today, giving away a covered product or coupon for free, or selling it at a substantial discount, is an offence where the purpose is to promote it—or where promotion is the effect and the person knows or has reason to suspect that. The rules cover vapes and nicotine products as well as tobacco, herbal smoking products and cigarette papers. This is not a blanket ban on every price reduction: the law requires a substantial discount and a promotional purpose or effect. The Act’s promotion provisions for England and Wales, Scotland and Northern Ireland and the DHSC explainer set out the test.

The vending rules cover machines through which customers buy, or receive a product as part of a sale—even if payment happens somewhere else. From 29 October, the covered categories include tobacco, herbal smoking products, cigarette papers, vapes and nicotine products. England and Wales retain a narrow exception for vending machines selling vaping products in adult inpatient areas of mental health hospitals; it does not extend to nicotine pouches, tobacco or general hospital settings. See sections 12, 61 and 82 and the official vending-machine guidance for details.

What parents should—and should not—take from this

Enforcement is not a single nationwide £200 ticket. Trading Standards in England, Wales and Scotland, and district councils in Northern Ireland, have different fixed-penalty arrangements. A fixed penalty notice is available only for specified offences; prosecution and court penalties may also apply. The GOV.UK enforcement guide sets out the jurisdiction-specific details.

These provisions do not create a general ban on adults buying or using otherwise lawful vapes. They should also be kept separate from the tobacco “smokefree generation” measure: the government says the age-of-sale change for tobacco products, herbal smoking products and cigarette papers starts on 1 January 2027, for anyone born on or after 1 January 2009. DHSC describes a comprehensive advertising and sponsorship ban as intended for 1 June 2027; that is not one of today’s rules. See the 29 October government announcement for those future dates.

For families, the practical change is that under-18 sales rules now close gaps around nicotine-free vapes and non-medicinal nicotine products, while adult proxy buying and some promotional and vending routes are also restricted. The original ban on selling nicotine-containing vapes to under-18s is not new—and the rules are not identical in every UK nation.

PE
ParentMag Editorial Team

Editorial team

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