Tobacco and Vapes Bill: A Smoke-Free Generation?
12th February, 2025
The Tobacco and Vapes Bill, which is designed to create a 'smoke-free generation' by 2030 if enshrined into law, is currently progressing through Parliament after MPs voted in favour of it in November 2024.
This Bill would mark the biggest change to smoking laws since the indoor smoking ban came into effect in 2007. The measures it would introduce around vaping are also set to be the most significant yet.
Cancer Research UK estimates that smoking could cause as many as 300,000 cancer cases in the UK over the next five years based on current trends, with nearly 10% of these expected to be the result of second-hand smoke. It is the biggest preventable cause of cancer in the UK.
In a bid to tackle this and the burden it places on the NHS, a similar Bill was introduced by the previous Government led by Rishi Sunak. This was halted when the general election was called, having not sufficiently progressed in order to be passed into law. The Labour Party backed the Bill at the time and have since taken the legislation forward themselves after coming into power.
What is in the Tobacco and Vapes Bill?
The main headline to come out of the Bill is the drive to create a ‘smoke-free generation’. This will be done by enforcing a ban on the sale of tobacco products, herbal smoking products and cigarette papers to anybody born on or after 1 January 2009. This means that the legal age of sale would rise gradually and nobody who currently smokes would be affected.
While it would be illegal to sell such products to anyone born after this cut-off, the legislation would not penalise anybody for purchasing, possessing or smoking tobacco. An exception to this would be if someone were to buy tobacco products to give to someone else who was born on or after 1 January 2009.
The Tobacco and Vapes Bill also seeks to extend the existing indoor smoking ban to specific outdoor spaces. Children’s playgrounds and areas outside schools and hospitals are examples of such areas that are being considered, subject to consultation. This will not include outdoor hospitality settings or open spaces.
A new licensing scheme would be introduced in England, Wales and Northern Ireland for legitimate retail and sale of tobacco, vapes and nicotine products. This is aimed at tackling the illicit market, which has been feared to expand in the wake of the Bill passing. Scotland has an existing retail register which would be strengthened under this legislation by expanding its scope to include herbal smoking and nicotine products.
Trading Standards Officers will be given new powers to hand out £200 fixed penalty notices in England and Wales, enabling them to act ‘on the spot’ for offences such as underage sales. Meanwhile, FPNs set at £2,500 can be issued for offences in connection with licensing.
Cracking down on Vaping
A major aspect of the Tobacco and Vapes Bill is to make vaping less appealing to children. According to the NHS, a quarter of 11 to 15-year-olds have tried vaping, with nearly 1 in 10 doing it frequently.
The Bill would make it illegal to sell any vaping and nicotine products to under 18s, with the free distribution of these products also outlawed. It would also regulate the flavours, packaging and display of vapes, seeking to make them less appealing to young people.
Meanwhile, most places where smoking is already banned, such as indoor public areas and workplaces, would also become vape-free.
This comes after it was announced that single-use vapes would be banned from 1 June 2025 under a separate piece of legislation brought by the Department for Environment, Food and Rural Affairs.
What is the timeline?
The Tobacco and Vapes Bill was introduced to Parliament by Health Secretary Wes Streeting on 5 November 2024. Later in the same month, MPs voted in favour of the Bill at its second reading by 415 votes to 47.
The Bill has since passed through the Committee stage, with a date for a final vote in the House of Commons still to be determined, before it is then scrutinised in the House of Lords.
If approved by Parliament, the age of sale restrictions for tobacco products will come into force on 1 January 2027, when those born on 1 January 2009 will turn 18.
Looking for support ahead of these prospective new laws coming into effect, or for any other licensing challenges your organisation is facing? Our specialist licensing lawyers can help.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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