The Tobacco and Vapes Bill has passed its second reading today (26th November), taking forward a series of measures aimed at reducing the availability of tobacco and vaping products to young people.
In the Bill, the Government intends to create a ‘smoke free generation’ by phasing out the sale of tobacco products to anyone currently aged 15 or younger. The generational ban will come into force in 2027, meaning that there will be a single date that retailers have to reference for age restricted sales on tobacco – rather than checking if a customer is over the age of 18.
The Bill will also include powers to introduce a licensing scheme for retailers to sell tobacco, vape and nicotine products in England, Wales and Northern Ireland, and will introduce on the spot fines of £200 to retailers found to be selling these products to people underage. Other measures in the Bill include a ban on vape advertising and sponsorship, as well as powers to restrict the flavours, display and packaging of all types of vapes, as well as other nicotine products.
In communications ahead of the second reading this morning, the Government announced that it would be dedicating an additional £10m to enforcement activity against the illicit trade. ACS has previously warned that Trading Standards will need an additional £140m in the next five years to deal with the huge illicit market that currently costs the Treasury around £2bn a year in lost revenue.
As part of its activity on the category, ACS has recently launched an extended version of its ‘Selling Vapes Responsibly’ guide to support retailers with the transition away from disposable vapes ahead of a ban on the products on June 1st 2025.
The new guidance outlines the features that vapes need to have to be legal for sale from June 1st, as well as what to do with any disposable vapes that are unsold when the ban comes into force. Vapes that are legal to sell from June 1st must be chargeable and refillable, as opposed to disposable vapes which are intended for a single use and are limited to 2ml of vape liquid. Anyone selling disposable vapes from June 1st 2025 could be subject to a £200 fixed monetary penalty, followed by further enforcement action if illicit activity continues.
The Government is introducing the ban to deal with the millions of disposable vapes that are thrown away every week. These products contain lithium batteries which are important to recycle, not just because they are a limited resource but because they are a potential fire risk if sent to landfill.
Since the start of 2024, retailers who sell vapes have been required to provide a takeback service for customers on a minimum of a ‘one for one’ basis (a customer can return a vape when they purchase a new one). ACS’ guide sets out all of the requirements on retailers when taking back used vapes, storing them in their business and arranging for regular collection so that they can be recycled.
The full guide is available here: https://www.acs.org.uk/advice/selling-vapes
