Government calls for help to develop vaping regulations

The Tobacco and Vapes Bill currently in the committee stage in the House of Lords, which will introduce restrictions on vaping, is drawing closer to receiving Royal Assent. In advance of this the government last month launched a call for evidence covering areas where it does not feel it has sufficient information to immediately draft regulations that will put the law into effect. Responses to the call for evidence are to be completed online and needed to be completed by 3rd December 2025.

The call for evidence covers:

  • Vape and nicotine flavours and ingredients: this includes questions on substances that are used to create flavours, whether they could potentially contain dangerous heavy metals and also whether the current maximum nicotine limit of 20 milligrams per millilitre permitted in e-liquids should be amended.
  • Vapes: Questions are specifically asked about any evidence about whether device size or shape influences young people to buy them, as well as the impact of tank sizes, the use of digital screens and whether vapes should have a child safety mechanism.
  • Heated tobacco devices: As these are currently not subject to many restrictions the government said it is seeking evidence on “to ensure that the appeal of their appearance is not a factor that causes people to consume tobacco”. The government said there is no safe level to consume tobacco and when heated it is highly addictive due to its nicotine content.
  • The Bill provides powers for ministers in England, Wales and Northern Ireland to establish a licensing scheme in their respective nations for the retail sale of: tobacco products; herbal smoking products, cigarette papers; vapes and nicotine products. The government is now seeking evidence on the practical implementation of this.
  • Updating product registration in relation to vapes, nicotine products and tobacco related devices: currently the government said it is difficult for retailers to be sure they are selling compliant products, and there are newer products that do not need notification at the moment.

Separately, the government will consult in the coming months on proposed regulations covering:

  • smoke-free, vape-free and heated tobacco-free places
  • rules on the display of products
  • restrictions to elements of devices such as branding and colour
  • the packaging of tobacco products
  • the packaging of vape and nicotine products

These are areas where the government said it considered there was enough evidence to progress straight to a consultation.

Concerns about young people vaping

The regulation in the UK will be particularly focused on making vapes less attractive to under 18s and those who have never vaped, while ensuring those that want to quit smoking can be helped to do so, including through switching to vaping which is less harmful. A recent report by the World Health Organisation (WHO) demonstrated that the UK is not alone in having to tackle the large number of young people now vaping.

The WHO’s global report into tobacco and nicotine consumption shows that at least 15 million children (13–15 years) are already using e-cigarettes. In countries with data like the UK, children are on average nine times more likely than adults to vape.

“E-cigarettes are fuelling a new wave of nicotine addiction,” said Etienne Krug, WHO Director of Health Determinants, Promotion and Prevention Department. “They are marketed as harm reduction but, in reality, are hooking kids on nicotine earlier and risk undermining decades of progress.”

Young people have also been shown to attempt to vape substances other than nicotine which can be even more dangerous. Researchers from the University of Bath and other universities analysed 1,923 e-cigarettes and e-liquids, confiscated by 114 schools in the 2024/25 academic year across seven regions in England. While spice was found in 13% of samples overall, the figure rose to around 25% in two regions – London and Lancashire. Spice is a synthetic drug that is highly addictive. It can cause a wide range of dangerous side effects, including cardiac arrest and is a high cause of death within prisons. The testing was carried out using the world’s first portable device that instantly detects synthetic drugs developed by an inter-disciplinary team at the University of Bath, which is now being used by many police forces when they seize illicit vapes and e-liquids.

An initial study of 38 schools published last year found that 1 in 6 (16.6%) of confiscated vapes contained spice and the lead researcher, Professor Chris Pudney, said then he believed that young people were mistakenly obtaining spice-laced vapes believing they were THC-laced vapes. THC is the main psychoactive compound in cannabis and is also an illegal substance in the UK. Further research conducted by the universities between June and August 2025 of social media platforms, identified 120 TikTok and 83 Instagram accounts apparently offering ‘THC’ e-liquids for sale. However, nearly 70% of the TikTok accounts and over 50% of Instagram accounts claiming to sell THC were actually selling spice.

The Met Police believe spice is also being used by those spiking vapes which could be used to harm women and girls in particular. The Met is using the mobile testing kit, developed by the University of Bath, as part of its crackdown on all forms of spiking.

October crackdown on illegal vapes

During October the police, and other agencies were involved in raids on businesses targeting illegal vapes and cigarettes.  Operation Machinize was led by the National Crime Agency (NCA) and conducted in cooperation with the National Police Chiefs’ Council (NPCC), and involved every UK police force and Regional Organised Crime Unit, Home Office Immigration Enforcement, Trading Standards, HM Revenue & Customs and Companies House. This was the second phase of the Operation which was established this year after the NCA said it identified the criminal exploitation of high street businesses was beyond the scope of any one organisation.

During the operation 2734 premises were visited and raided and amongst the illegal products seized were 111,097 vapes along with 4.5m illegal cigarettes and 622Kg of illegal tobacco. Additionally, over 450 companies have been referred to Companies House for further investigation.

Security Minster, Dan Jarvis said: “Criminals are using these dodgy shops as fronts for serious organised crime, money laundering and illegal working, risking the future of the British high street.

“We have intensified our joint efforts with law enforcement to dismantle criminal networks and relentlessly pursue those who use dirty money for personal gain.”

How we can help tackle vaping

With continuing concerns about the prevalence of vaping among young people and the dangers it poses to them we offer schools and colleges in Bristol, Bath and neighbouring areas the HALO Smart Sensor which can support them to tackle vaping among their students. To find out more contact us.