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Tobacco & Vapes – Changes to age of sale restrictions

Age of sale changes for vaping and nicotine products come into force this October 2026 and for tobacco products in January 2027

From 29 October 2026, changes to the existing age of sale restrictions for vaping and nicotine products will come into force under The Tobacco and Vapes Act 2026.

In England, Wales and Northern Ireland, where sales of nicotine vaping products to under-18s are already prohibited, the restriction will be extended to cover all vaping products, including non-nicotine vapes, and other nicotine products. In Scotland, where both nicotine and non-nicotine vapes are already subject to age restrictions, the restriction will also be extended to nicotine products.

It will therefore be an offence to sell any vaping product or nicotine product to a person under 18. 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 a person under 18. Certain promotional activities will also be prohibited, including the free distribution or substantial discounting of vaping and nicotine products, or coupons for them, where intended to promote the product.

From 1 January 2027, the age of sale rules for tobacco products will also change. It will become an offence to sell a tobacco product, herbal smoking product or cigarette papers to a person born on or after 1 January 2009, replacing the existing prohibition on sales to under-18s. Proxy purchasing will also be prohibited in these circumstances. This means that people born on or after 1 January 2009 will not be able to legally purchase tobacco products, regardless of their age. The change is intended to create a “smoke-free generation”.

Age of sale notices

Retailers are responsible for displaying an age of sale notice in a prominent place, visible at each point of sale of tobacco products.

From 1 January 2027, the notice must state:

It is illegal to sell tobacco products to anyone born on or after 1 January 2009

In Wales, the notice must also contain the same wording in Welsh. Subject to approval of the relevant regulations, in England, Scotland and Northern Ireland the notice must be at least A3 size, with each character no smaller than 21mm in height. In Wales, the notice must also be at least A3 size, with each letter or number no smaller than 12mm in height.

For further information, please feel free to contact any of our licensing solicitors at Poppleston Allen on 0115 9538500.

About the author: Suraj Desor

Suraj Desor is an Associate Solicitor ranked and recognised as a “Leading Associate” in the Legal 500. He specialises in premises licensing and advising on associate compliance and regulatory matters.

His clients in the trade range from representing individuals and independents to national operators with multiple sites including leading major pub and entertainment venue companies, bars, nightclubs, restaurants, event spaces, hotels, developers, late night food operators and online alcohol delivery and food businesses.

With years of experience, Suraj can help you with your licensing requirements and assist with finding solutions to any licensing related issues you may have.

Suraj is a regular contributor to the industry publication, The Morning Advertiser, and the author of various Poppleston Allen trade guides, articles and research surveys, including surveys on the Late Night Levy and cumulative impact policies, which have been widely referenced in the trade and national press.

Read more about Suraj

Suraj Desor

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