Retailers have 100 days to prepare for when it becomes illegal to sell tobacco to anyone born on or after 1 January 2009 under new legislation.
The Local Government Association (LGA) is reminding local shops, online sellers and business groups to not leave it too late in preparing for when the changes take effect.
It is just 36 days until the first set of changes comes into force.
From 29 October 2026, it becomes an offence to sell any vaping product or nicotine product, including nicotine pouches and zero nicotine vapes, to anyone under 18. This applies to online sales as well as shops.
New restrictions also come in on vending machines selling tobacco, herbal smoking products and cigarette papers, and vaping and nicotine products. Vending machines for vaping products will continue to be allowed in adult mental health inpatient settings in England and Wales. Free distribution of these products is also restricted, as is selling them at substantial discounts.
Generational Smoking Ban
This will be followed by further changes to the law at the start of next year.
From 1 January 2027, it becomes an offence to sell tobacco products, herbal smoking products or cigarette papers to anyone born on or after 1 January 2009. The age of sale then rises by one year every year.
It also becomes an offence for anyone aged 18 or over to buy, or attempt to buy, these products on behalf of someone born on or after 1 January 2009.
Retailers selling tobacco products must display a notice reading: “It is illegal to sell tobacco products to anyone born on or after 1 January 2009”.
Councils say retailers should act now and are advising them to:
- Check your age verification policy covers date of birth, not age alone. From January, the question is when a customer was born, not how old they look.
- Brief every member of staff who works a till, including seasonal cover over Christmas.
- Order the new age of sale notice in good time and work out where it goes at the point of sale.
- Review stock of vending machine products and any promotional or discount offers running past 29 October.
- If you sell online, check your age verification and delivery processes against the same rules.
Cllr Dr Wendy Taylor MBE, Chair of the LGA’s Health and Wellbeing Committee, said: “Most retailers want to get this right, and the ones I speak to are already asking sensible questions about what changes and when. Our message is a simple one: do not leave it until Christmas week.
“The change on 29 October is the one people are overlooking. Nicotine pouches and zero nicotine vapes come under an age of sale of 18 for the first time, and plenty of shops are still selling them without asking for identification.
“From January, the question at the till changes. Staff will be checking a date of birth against a fixed date, not making a judgement about whether someone looks old enough. That takes practice, and it takes a conversation with the people working your evening and weekend shifts.
“Government guidance is published and free, and your council’s trading standards service will answer questions. Ask now, while there is time to sort it out.”
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