Smoking hot off the legislative press: The Tobacco and Vapes Act
Written by Ted Culley - 12 May 2026
Challenge 25 stickers (and their flattering ‘if you’re lucky to look under 25’ variations) will be a familiar sight to most UK shoppers. Come January 1st 2027, the date on which those born on the 1st of January 2009 will finally be 18, eagled-eyed shop goers will be able to spot another sticker alongside them: ‘It is illegal to sell tobacco products to anyone born on or after 1 January 2009’.
Following Royal Assent, the Tobacco and Vapes Act 2026 (the Act) is now legislation which will come into effect from 2027, meaning the UK government will have the power to restrict young adults’ access to tobacco. Such a law has seldom been tried before, apart from an attempt in New Zealand in 2022, which was eventually scrapped before the intended audience would have been old enough to purchase cigarettes. As such, it’s implementation will definitely be interesting for law students to keep an eye on.
Whilst speaking to the House of Lords earlier this year, Baroness Merron (a lord significantly involved in championing the Act) pointed out that: “Smoking is the number one preventable cause of death, disability and ill health and tobacco claims around 80,000 lives every year.” In addition, it has been noted that smoking drains the economy and wider society every year through loss to productivity,as well as costs to the NHS and social care. However, it should be noted that the tax generated from tobacco products poses a potentially significant loss to the UK economy. Currently, the office for budget responsibility (OBR) estimates that tobacco duties will raise around £8 billion in 2025-2026.
Along with the ban of tobacco products for those born in 2009 onwards, the Act provides the government with significant powers. By way of example, the Act will restrict the use of vapes, cigarettes and heated tobacco around schools and outside hospitals. The Act also gives ministers the power to regulate the flavours of vapes as well as how they are packaged, advertised and displayed. Critics of the Act have labelled the powers as overbearing.
In case law students needed more reason to keep a keen eye on an already interesting piece of legislation, a degree of uncertainty still exists around the Act’s implementation in Northern Ireland. As critics of the Act have often been quick to point out, the legislation contradicts the EU’s Tobacco Products Regulation Directive. A directive Northern Ireland is currently subject to which allows for the legal sale of tobacco to adults aged 18 and over. Only time will tell whether this will actually be an issue.