Tobacco and Vapes Bill: restrictions draw closer

The Tobacco and Vapes Bill is now in its final stages in Parliament with consideration of amendments from the Lords scheduled for next week. This is the last hurdle before the Bill receives Royal Assent.

The law phases out the sale of tobacco products for those born on or after 1 January 2009, brings in restrictions on vaping and introduces on the spot fines to retailers found to be selling tobacco, vape and nicotine products to people underage. Many of the measures in the Tobacco and Vapes Bill will only take effect once regulations have been introduced. A call to evidence was held at the end of last year on issues to support the development of regulations on issues such as vape and nicotine flavours and ingredients; vape tank sizes and heated tobacco devices.

Last month the government launched a consultation aimed at widening restrictions on where smoking, vaping and heated tobacco products can take place across England. The proposed regulations follow research that shows second-hand smoke is harmful even outdoors, with children and medically vulnerable people at greatest risk.

The proposals include banning their use in children’s playgrounds and outside schools. Indoor spaces, where smoking is already banned, would also become vape-free and heated tobacco-free, subject to consultation. This includes on public transport, work vehicles and private vehicles where children aged 17 and under are passengers. Meanwhile, the hospital grounds and other healthcare settings would become smoke free, but vaping would remain permitted to help smokers quit. The consultation runs for 12 weeks, ending on 8th May 2026.

As well as being part of the Tobacco and Vapes Bill these plans are integral to the government’s 10 Year Health Plan for England, which aims to shift the focus of the NHS from sickness to prevention.

Secretary of State for Health and Social Care Wes Streeting, said: “No child in a playground or hospital patient should suffer because someone else chooses to smoke. Second-hand smoke increases the risk of heart disease and lung cancer and we want to protect children and the sick from harm.”

Sarah Sleet, Chief Executive at Asthma + Lung UK, added: “The risks of smoking are well documented, but vaping among non-smokers – particularly young people – is also a real concern. More research is needed into the long-term impact of vaping, but in the meantime a ban in indoor public spaces would help to reduce uptake and protect people whose lung conditions are triggered by vaping.”

Vaping Duty to begin this year

Meanwhile from the beginning of April any companies that are manufacturing or importing vaping products into the UK must apply for approval for the Vaping Products Duty and the Vaping Duty Stamps Scheme. The duty will need to be paid from 1st October onwards.

Businesses will also have to attach a vaping duty stamp on all their retail packaging. These secure labels showing that the vaping product is legal. Companies can only acquire these from the government-approved supplier following approval by the HMRC.

The government said the duty will be set at a single flat rate of £2.20 for a 10ml bottle on all vaping liquid. If businesses are not approved by 1 October 2026, they cannot lawfully produce vaping products in the UK, and if they do, they will be subject to civil and criminal sanctions, potentially leading to prison sentences.

Security Group, which installs high quality security systems in Bristol and the surrounding area, offers the Halo Smart Sensor for schools and business to combat the rise of vaping among young people and concerns about the health impacts. If you want to find out more about how the Halo can support the reduction in vaping in your premises, please contact us.