Key developments in the Tobacco and Vapes Bill

The Tobacco and Vapes Bill has moved forward after its second reading in the House of Commons on 26 November 2024.

Originally a Labour Party manifesto commitment, the bill aims to shift the UK healthcare focus from treatment to prevention, primarily by addressing tobacco use.

This landmark legislation aims to create a smoke-free UK by introducing a retail licensing scheme for the sale of tobacco, vapes, and nicotine products. It also plans to extend Scotland’s retail registration scheme and enhance enforcement measures to support these changes.

Highlights of the bill include:

• Raising the age of sale: To create a ‘smoke-free generation’, the bill proposes that individuals born on or after 01 January 2009, will never be legally sold tobacco. This measure aims to prevent future youth addiction to smoking.
• Extension of smoke-free areas: The Government plans to expand smoke-free areas to certain outdoor spaces such as children’s playgrounds, school grounds, and hospital perimeters. Consultations are scheduled for later this year, with beer gardens explicitly excluded from these extensions.
• Licensing scheme for tobacco & vape retailers: To reduce illicit sales, the bill proposes a licensing scheme across England, Wales, and Northern Ireland. While specific details are still forthcoming, more information is expected as the bill progresses.
• Regulation of vaping products: New provisions target youth vaping, restricting advertising, and making packaging, flavours, and displays less appealing to children. The bill also introduces restrictions for nicotine pouches and non-nicotine vapes.

The bill’s central objective is establishing the UK’s first-ever ‘smoke-free generation’. If passed, it would prohibit tobacco sales to anyone born after 2009. While smoking itself won’t be criminalised for those of legal age today, these sales restrictions aim to dissuade future generations from starting.

The bill also responds to rising youth vaping rates by banning free vape samples and imposing stricter packaging regulations. All vape advertising—including billboards and sponsorship—would be prohibited, and product design would be adjusted to appeal primarily to adults seeking cessation support.

Additional provisions mandate quit advice and motivational messages on inserts within cigarette and hand-rolling tobacco packages, with the possibility of extending these to other tobacco products.

To prevent underage access, the bill proposes banning vending machines for tobacco and vaping products. Establishments like nightclubs and bars with vending machines must remove them if the legislation passes.

Retailers in England and Wales would be required to display notices indicating the legal age for tobacco purchases, reinforcing the generational sales ban on individuals born after 2009.

Next steps in legislation

The bill is now under detailed review by the Public Bill Committee, which will examine it in detail and is expected to report back to the House by 30 January 2025. Stay tuned for updates as the bill progresses.

Please note that this information is for general guidance only and should not substitute professional legal advice. If you have specific concerns, we recommend consulting one of our legal experts.