On the 21st of April, the UK’s Tobacco and Vapes Bill passed its final stage. While it’s been overshadowed by the fallout from the Mandelson security fiasco, the remaining disagreements between the Commons and Lords were resolved. Now, all it strictly needs is the formality of Royal Assent to become an Act.
So, what does this all mean for smoking, vaping, nicotine pouches, and smoking harm reduction in the UK?
What does the Tobacco and Vapes Bill mean for smoking and tobacco?
The main headlines here are:
From the 1st January 2027, anyone born on or after 1 January 2009 can never be sold tobacco legally. Importantly, the measures are about sales rather than possession of combustible tobacco products. Additionally, stronger enforcement letters (e.g., fixed‑penalty notices for underage sales) and tobacco sales licensing will come into effect.
Chillingly, the government will now have the power to extend non-smoking areas, albeit with consultations. As we’ve mentioned before, this could mean the end of one of the UK’s simplest remaining pleasures: smoking in a beer garden.
What does the Tobacco and Vapes Bill mean for vapes?
Some of the more significant changes involve extending the under-18 vaping ban to related products, such as nicotine-free vapes. The government has also granted itself more power to restrict flavours, branding, and advertising displays in retailers. Selling vapes to minors also carries on-the-spot fines of between £100 and £200, with existing court fines of as much as £2,500.
The dark part, for me anyway, is that governments will have free rein to make current smoke-free public places into vape-free places. So, while most major chains already ban vaping, upcoming consultations could see a push for stricter laws that remove landlords’ discretion around vaping. However, crucially, that is not part of this bill being passed.
What does the Tobacco and Vapes Bill mean for nicotine pouches?
For pouches, the bill is largely about dragging them in line with existing tobacco and vape regulations. For example, it formalises banning sales to under-18s and creates powers for a registration/licensing scheme covering pouches in the same way as tobacco and vape products.
What will likely happen in the future is that the government will clamp down on advertising in the same way it has with smoking.
It’s worth noting that the bigger manufacturers are already self-regulating in this way, and various campaigns, such as 20 Is Plenty, are going a step further by advocating for sensible 20mg strengths.
Now that the bill has finally passed, what are we meant to think?
If you’ve been following this closely, or at all, this is just confirmation that a bill that ignores and punishes stakeholders has been pushed through. The flagship aim of “protecting a generation of children” doesn’t really hold water when you consider a few points.
First, according to ASH, smoking among 11 to 15-year-olds was the lowest ever recorded in 2023, at around 3% smoking every week, and 1% daily. The above figures are down over 50% in the last decade. None of this happened because of bans, because until October 2007, the legal age to buy cigarettes rose from 16 to 18.
Second, people who smoke, vape, or believe strongly in personal freedom are a minority in this country. Giving the government power to hold sham consultations and then force through laws that affect the minority is a big worry.
Third, hospitality is already on its knees, and pubs are shutting down daily. Labour is already anti-small business beyond imagination, and removing smoking areas could be the last nail in the coffin of many bars and pubs.
Finally, per the civil service, one in every four cigarettes consumed in the UK is from the black market. It’s estimated that this costs the country around £3 billion in tax per year. Many people believe that the one-in-four figure is an underestimate. With such a thriving illicit market, the idea that stopping under-18s from getting their hands on a product can be done by shutting down legal avenues is for the birds.
Final thoughts
MPs might be slapping themselves on the back because the Tobacco and Vapes Bill has passed, but, for me, it’s a blunt instrument that beats on a problem that the market has already solved. Worse than that, it has the potential to harm the sanctity of the public house. People will tell you that young people are the winners here. They’re not; the net beneficiary is the black market.
