Tobacco and Vapes Bill and What It Means for Vapers

• Tobacco and Vapes Bill has been introduced to the UK parliament.
• What does the Tobacco and Vapes bill mean to vapers?
• What are the potential impacts of the Tobacco and Vapes Bill.

The Tobacco and Vapes Bill, introduced to the UK Parliament on 5 November 2024[1], includes several measures that directly affect vapers. While aiming to promote a smoke-free generation, the bill is also planning to regulate vaping.

Some of the key points that could affect vapers are:

This legislation comes on the back of other recent proposals targeting the vaping industry. These include the ban on disposable vapes on 1st June 2025[2] and the proposed vape tax, first introduced in the Spring budget, which is expected in October 2026[3].

Changes to the Bill Under the New Government

Much of the plans echo those proposed by the previous Conservative government[4], but the Labour government looks to stamp its own mark on the legislation. This bill introduces proposed extensions of smoke-free areas to include certain outdoor spaces, including school playgrounds. Also included are stricter licensing schemes for retailers. The latter has its benefits in combating rogue traders of illegal vapes.

Potential Impacts of the Tobacco and Vapes Bill

The Independent British Vape Trade Association (IBVTA), expresses concern about the bill’s restrictions, particularly those related to flavours. They emphasise that these could make vaping less appealing to adults who are trying to quit smoking[5]. They also argue that flavours play an important role in helping smokers switch to vaping. However, restricting them could hinder the government’s own goal of making the UK smoke-free by 2030.

Chair of the IBVTA, Marcus Saxton, stated that:

“Excessive restrictions on the types of products that our members can provide may reduce the products' appeal. Even worse, they may contribute to continued misperceptions about the harm of vaping relative to tobacco smoking. Specifically, the role of flavours in supporting adult smokers to a successful quit attempt is accepted and understood by most public health stakeholders, and we believe to have been fundamental to the success of vaping in reducing smoking rates. Therefore, any reference to potential powers to restrict flavours is very worrying, as it threatens the government's own goal of the UK becoming smoke free by 2030.”

The bill acknowledges the role of vaping in smoking cessation, yet it also includes measures that could limit vapers’ access to information, choice of flavoured e-liquids, and places to vape. These include proposals to ban vape advertising and sponsorship, restriction of flavours and packaging, and plans to extend smoking bans to outdoor spaces.

This mixed approach, while intending to protect youths, may inadvertently impact adult smokers seeking to quit. The IBVTA stresses the need for balanced regulations that safeguard young people while ensuring adult smokers have access to effective quitting tools like vaping.

The Potential Impacts For Vaping And Vapers

The proposed Tobacco and Vapes Bill promotes significant changes for the future of vaping in the UK. While aiming to protect young people from vaping, the bill also introduces measures that could have a considerable impact on adult vapers either already using vapes as a smoking cessation tool or smokers that might be looking towards vaping to help quit smoking.

Restrictions on vaping products

One major concern is the potential for reduced appeal and availability of vaping products. The bill grants the government powers to restrict flavours, packaging, and the display of vaping products in shops. This could make vaping less appealing to adult smokers looking for alternatives to traditional cigarettes. The IBVTA argues that such restrictions could hinder the government’s own smoke-free 2030 goal, highlighting the important role that vape flavours have in supporting smokers transitioning to vaping.

Limited access to information

A ban on vape advertising and sponsorship could make it harder for vapers to learn about new products and industry developments. This regulation has the potential to limit access to information needed to make informed decisions about vaping products. It could also hinder the spread of accurate information about vaping as a harm reduction tool.

Limiting where vapers can vape

The bill’s provision to extend the vaping ban to certain outdoor areas would significantly restrict where vapers can use their devices. This could create challenges for vapers who rely on these spaces and potentially lead to increased social stigma associated with vaping.

Increased cost on vaping

The recently announced duty on e-liquids will make vaping more expensive. This will disproportionately impact vapers with lower incomes, potentially making it harder for them to switch from smoking.

Overall, the future of vaping in the UK seems likely to be shaped by a complex interplay of regulations and public health concerns. While the Government aims to protect young people from nicotine addition via this bill, it remains important to consider the potential impact of these measures on adult smokers who use vaping as a harm reduction tool. The IBVTA emphasises the need for balanced policies that safeguard public health without undermining the progress made in reducing smoking rates through vaping.

Tobacco and Vapes Bill 2nd Reading

On 26 November 2024, the Tobacco and Vapes Bill was introduced to parliament for a 2nd reading, allowing for scrutiny from MPs in the house of commons[6]. The bill went through largely uncontested with 413 Ayes against 46 Noes and 187 No votes (abstained)[7]. In light of the resounding vote in favour, there were some important issues raised by MPs, highlighting the potential impacts of a vape flavour ban.

The Potential Impacts of a Flavour Ban

Mary Kelly Foy, MP for the City of Durham, is a strong advocate for vaping and the chair for the Responsible Vaping All-Party Parliamentary Group[8]. She raised some excellent points, echoing that of our own CEO, Marcus Saxton, by promoting the important role that vape flavours play in helping smokers quit cigarettes.

Foy raised concerns about the potential impact of flavour restrictions on adult smokers trying to quit. She went on to mention a recent study, stating that: “flavours are a key factor in helping smokers to make the transition to vaping. Research shows that about 65% of adult vapers find fruit-flavoured or sweet liquids preferable. If only tobacco flavours are available, many ex-smokers will return to smoking.”

Lee Dillon, MP for Newbury, spoke about his personal experience as a former smoker who successfully quit with the help of vaping. He also showed support for the bill’s overall aim but echoed Gildon's concerns about the potential impact of flavour restrictions.

He argued that the bill’s proposal for the ban on vape flavours could undermine the government’s smoke-free ambitions. Dillon referenced a recent study stating:

“A study of more than 20,000 vapers showed that those who start with flavoured vapes or move from tobacco to flavoured vapes are more likely to quit smoking”.

Both Dillon and Foy highlighted the need for the right balance. While protecting young people from the potential harms of vaping is crucial, it’s just as important to ensure that adult smokers have access to the tools that can help them quit.

Tobacco and Vapes Bill Update: What Vapers Need to Know (March 2025)

The Tobacco and Vapes Bill is still making its way through Parliament, recently arriving in the House of Lords (as of March 2025) after being debated by MPs and Committee members[9]. While the big picture remains similar to when it started last November, some details affecting vapers have been fine-tuned. Here's a look at the key changes and what's staying the same:

New Rules for Age Checks

One significant change involves how vape shops prove they’ve checked a customer’s age. You might remember the first version of the Bill listed specific IDs like passports or driving licences. Checking one of these would help a retailer if they were accused of selling to someone underage.

That list is now gone from the main Bill. Instead, shops will need to show they followed specific age-checking steps that the government will define in new rules later on. So, staff won’t just be looking for those specific IDs anymore, they’ll need to use whatever official procedures the government eventually sets out. We’ll have to wait and see exactly what those procedures look like.

Advertising and Sponsorship Bans Still Planned

The Bill still includes plans to ban vape advertising pretty much everywhere - think online, billboards, magazines - and to stop vape brands from sponsoring things like sports teams or music festivals. However, there’s an important point about timing for sponsorships. While tobacco sponsorship rules are strict, the ban on sponsoring vapes, nicotine pouches, and similar products works slightly differently. It will only apply to deals made after this part of the law starts, and the ban on the actual promotion won’t kick in until after a future date set by the government in new rules. This means the vape sponsorship ban isn’t immediate when the Bill becomes law.

More Vape-Free Public Spaces Possible

The Bill still gives authorities in England, Scotland, Wales, and Northern Ireland the power to ban vaping in certain public places or vehicles that are already smoke-free. We don’t know yet which specific places might become vape-free - that will depend on future decisions and new rules, but areas like hospital grounds and school boundaries have been discussed.

You may also like: Vaping in Public Spaces and Public Transport

Shop Licensing and Fines

The requirement for shops in England, Wales, and Northern Ireland to get a special licence to sell vapes and nicotine products is definitely still part of the plan. Breaking the rules, especially selling to underage people could lead to fines, including potential £200 on-the-spot penalties for many sales offences. However, the exact date when shops will need to apply for and hold these licences hasn’t been set yet. That will be decided later.

Here at Totally Wicked, we actually see this licensing scheme as a potentially positive step. We hope it will help clamp down on the illegal vape market and make it harder for rogue traders selling dodgy, unregulated products. We believe it’s important that you get your vapes from trusted retailers who can give you accurate information. If you ever buy a vape somewhere else and you’re worried it might not be genuine or legal, please feel free to pop into one of our stores. Our team is always happy to help you spot the signs of illicit products and make sure you’re using safe, compliant vapes.

What about Nicotine Pouches in the Tobacco and Vapes Bill?

If you use nicotine pouches, like our Totally Wicked Nicotine Pouches, you’ll want to know how the Bill affects you. The main thing is that pouches are included under the Bill’s term “nicotine products". This means they face the same under-18 sales ban as vapes, and shops selling them will eventually need a licence. The planned advertising and sponsorship restrictions will apply to pouches too. Importantly, the Bill also gives the Government powers to potentially introduce new rules specifically for nicotine pouches later on. This could cover things like flavours or how the packaging looks, but these are future possibilities, not immediate changes.

Right now, you can rest assured that our Totally Wicked Nicotine Pouches are fully compliant with all current laws, and they meet the immediate requirements set out in this Bill, like the age restrictions. While the Bill opens the door for possible future rules on things like flavours, those would require separate government decisions down the road. There’s no need to worry about the pouches you enjoy now - they remain a legal and compliant option.

What This Means for Vapers

The core of the bill and debate is about the balance of protecting young people alongside ensuring adult smokers can switch to vaping. Concerns raised by the IBVTA in the earlier stages of the bill are still relevent[5]. These covered the potential flavour restrictions making vaping less appealing for smokers. The new age-check system also adds something for retailers to prepare for, once the specific rules are known.

What Happens Next?

The Bill is now being looked at by the House of Lords. They will debate it, potentially suggest changes, and vote on it. If they make changes, it might go back to the House of Commons. Once both Houses agree, it needs the King’s final approval (Royal Assent) to become law.

Read the updated and most recent version of the Tobacco and Vapes Bill here.

References

[1] Smoking ban introduced to protect children and most vulnerable – GOV.UK

[2] Government crackdown on single-use vapes – GOV.UK

[3] Autumn Budget 2024 – Overview of tax legislation and rates (OOTLAR) – GOV.UK

[4] Smokefree generation one step closer as bill introduced – GOV.UK

[5] IBVTA statement on the Tobacco & Vapes Bil

[6] Tobacco and Vapes Bill – Hansard

[7] Tobacco and Vapes Bill: Second Reading – Commons’ votes in Parliament

[8] Responsible Vaping APPG

[9] Tobacco and Vapes Bill March 27 2025