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No Ifs, No Butts: The practical implications of the UK Tobacco and Vapes Act 2026
19 May 2026
The long-awaited Tobacco and Vapes Act 2026 received Royal Assent on 29 April 2026, meaning this legislation has now officially become law. However, as discussed in more detail below, a number of key requirements under the Act are not yet in force. The Act imposes various new obligations, prohibitions and restrictions in the context of smoking, vaping and associated products. This article considers some of the key provisions of the Act.
Which product categories are affected and how?
The Act introduces broad definitions (for example, ‘tobacco product’ and ‘nicotine product’) to capture both the wide range of products currently available on the UK market and future innovative products created by market players.
Some of the most popular product categories available on the UK market, together with certain corresponding key requirements introduced by the Act, are set out below:
|
Product category |
Key requirements under the Act |
Position under applicable regulatory regime prior to the Act |
|
Cigarettes |
Ban on selling tobacco products to anyone born after 1 January 2009. |
The only age of sale restriction was the prohibition of sales to under-18s. |
|
Heated tobacco products |
Ban on selling tobacco products to anyone born after 1 January 2009 (as the definition of ‘tobacco product’ under the Act is intended to capture heated tobacco). Additionally, as a result of the amended definition of ‘tobacco product’, heated tobacco products will now be subject to the existing ban on tobacco advertising. |
It was a grey area from a regulatory perspective whether heated tobacco products were caught under previous tobacco legislation. |
|
Vapes |
|
Existing prohibition on sales to under-18s, and various restrictions on advertising under the Tobacco and Related Products Regulations 2016 (however these have been extended by the Act). |
|
Nicotine pouches (Not to be confused with ‘snus’ which is referenced in the Act and used to refer to oral tobacco products) |
The key requirements outlined in the ‘Vapes’ row above also apply to nicotine pouches, as the definition of ‘nicotine product’ under the Act is intended to capture nicotine pouches. |
Not subject to any restriction on age of sale or advertising, given these products were not specifically regulated. |
It is also worth noting the Act enables the Government to implement a retail licensing scheme (likely to be similar to that in place for alcohol) covering both in-person and online sales of all tobacco and nicotine products.
When will these changes take effect?
Different provisions of the Act come into force (and therefore have legal effect) at different times. With respect to the requirements set out above, these can be broadly split into three categories:
- Coming into force in approximately 2 months’ time: Ban on advertising and sponsorship of nicotine products (which includes, amongst other product categories, vapes and nicotine pouches).
- Coming into force in approximately 6 months’ time: (a) Ban on sales of nicotine products to under-18s; and (b) Ban on free supply and (some) promotional giveaways of nicotine products.
- Coming into force on 1 January 2027: Ban on selling tobacco products to anyone born after 1 January 2009 (which includes, amongst other product categories, cigarettes and heated tobacco products).
To date the Government has provided limited commentary on how these new requirements will be enforced in practice. Trading Standards is responsible for a significant proportion of enforcement under the Act, however Trading Standards offices are already stretched with existing enforcement obligations. Therefore, it remains to be seen how such enforcement will be managed in practice. The ban on sale of tobacco products brings particular complications given it only applies to individuals born after a certain date (and such individuals may be challenging to identify as they grow older).
How to prepare
Any business manufacturing, selling or marketing tobacco or nicotine products should familiarise themselves with the requirements introduced by the Act.
Contact our tobacco and nicotine product specialists if you require assistance with navigating the dynamic regulatory landscape applicable to this market.
Authored by Richard Welfare and Alice Russen.
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