Today (29 October) sees the next phase of the Tobacco & Vapes Bill introduced, with new regulations that will affect retailers and the way they market and sell nicotine and tobacco products.
From today, the new restrictions come into force in a bid to protect children from becoming addicted to nicotine, but also give Trading Standards the tools to act.
The new rules include the increasing the age of sale for all vaping and nicotine products to 18 and over. It will also be an offence for anyone aged 18 or over to buy, or attempt to buy, these products on behalf of someone under 18.
Overwhelming majority
The overwhelming majority of retailers already have strong age verification procedures in place, and they’re encouraged to review the new Government guidance, brief their staff and make sure their policies now cover all vaping and nicotine products - including pouches.
In Scotland, where nicotine and non-nicotine vapes were already age restricted, the restriction will now also be extended to cover all nicotine products.
It’s also now an offence for a person with management or control of premises in the UK to have a vending machine from which customers can buy vaping products, nicotine products, tobacco products, herbal smoking products or cigarette papers - even if payment doesn’t take place at the machine.
From today, it’s also an offence to give such products away for free, to sell them at a substantial discount, or to give or sell a coupon for them at a substantial discount. This also applies to items that promote these products, such as a vape charger with vaping product branding.
“Enforcement authorities across the UK will now be able to issue fixed penalty notices for a range of offences…”
Enforcement authorities across the UK will also now be able to issue fixed penalty notices for a range of offences relating to tobacco products, herbal smoking products, cigarette papers and vaping and nicotine products.
Welcome phase
In response to today’s changes, the Chartered Trading Standards Institute (CTSI) has welcomed the next phase, saying the new regulations close “long-standing loopholes that Trading Standards has been calling on the Government to address.”
The CTSI has previously urged retailers to prepare for these changes, joining forces with public health organisations earlier this year to set out what businesses need to know ahead of the new rules.
It added it is continuing to support businesses through this next phase, providing support, guidance and training on the new rules so that retailers understand their responsibilities and can comply with confidence.
Previously legal
John Herriman, chief executive of the Chartered Trading Standards Institute (CTSI), said: “Most people would be surprised to learn that it’s been legal to sell nicotine pouches and nicotine-free vapes to children, and our officers have too often had to tell worried parents there was nothing they could do.
“From today, that changes. The new fixed penalty notices will also give Trading Standards a quicker, more proportionate way to deal with non-compliance, while robust action continues against those who deliberately flout the law.”
Kate Pike, CTSI’s lead officer for tobacco and vapes, added: “We’ve been asking for many years for more resources and more tools to tackle issues which people are really concerned about such as companies giving away free samples of vapes or nicotine products to children.
“We’ve now got the regulations in place, the penalties alongside, and the investment in new Trading Standards Officers through the Tobacco & Vapes apprenticeship scheme. As the Tobacco & Vapes Act is rolled out, we look forward to additional regulations coming into force in the months and years ahead.”
Retail licensing
Eve Peters, director of government affairs for vape brand ELFBAR in the UK, has also commented in light of the new regulations, but said more work still needs to be done: “The new UK-wide vape rules are welcome. But a retail licensing system should be brought forward to give regulators stronger tools to enforce them.
“While fixed penalty notices can be issued, retailers in England, Wales and Scotland can commit relevant offences on at least three occasions within two years before a ban on selling vaping and nicotine products can be imposed.
“When rogue retailers can repeatedly break the rules, it undermines efforts to prevent underage sales and tackle illicit trade.
“A retailer licensing scheme would give regulators oversight of who sells these products, set clear trading conditions, and enable earlier intervention without waiting for repeated offences. Any delay leaves a key enforcement gap unaddressed.”
Pouch loophole
Finally, for nicotine pouches, the new rules will also see a little-known loophole closed.
The previous law meant nicotine pouches could be legally sold to under 18s - despite the age restrictions on cigarettes and vapes.
Dr Marina Murphy, head of external affairs UK and scientific affairs at supplier Haypp, explained more: “Nicotine pouches have occupied an unusual gap in the law. This is because they’re tobacco-free, so aren’t regulated as tobacco products and are not inhaled, so they aren’t covered by the rules for ‘nicotine inhaling products’ which imposed the 18+ restriction on nicotine vapes.
“This means that, despite containing nicotine, pouches could be legally sold to people under 18. This doesn’t mean under-age sales were common, or that most retailers ignored age checks. Most took a responsible approach and restricted sales to adults. But some unscrupulous traders did take advantage of this legal loophole.
“It was important to close that loophole as nicotine pouches were created as a smoke-free alternative to cigarettes. They contain nicotine and are intended as an adult only product. It’s important regulations are in place to prevent young people from purchasing nicotine pouches, while keeping them accessible as an alternative for adult smokers.
“For retailers, the change also provides greater clarity around their responsibilities when selling nicotine pouches, and prevents irresponsible retailers from benefiting from exploiting the loophole and selling nicotine pouches without verifying the customer is over 18.”
No comments yet