Vape and nicotine pouch ban for under-18s starts: £200 shop fines

The next phase of the Tobacco and Vapes Act came into force across the UK on Thursday 29 October 2026, and it changes what happens at thousands of tills, on vape websites and in online marketplaces from today. Every vaping product and every consumer nicotine product, including nicotine pouches and vapes that contain no nicotine at all, now carries a legal age of sale of 18. Giving these products away to promote them is banned, so is selling them at a “substantial discount” for promotional purposes, and vending machines selling them are prohibited.

For the first time, trading standards officers in England and Wales can hand a retailer a £200 fixed penalty notice on the spot for an underage sale, instead of building a prosecution case. The Chartered Trading Standards Institute (CTSI) said the changes close loopholes its officers had flagged for years, while the Chief Medical Officer for England, Sir Chris Whitty, described illegal sales to under-18s as “completely unacceptable”, according to the Mirror. This guide sets out exactly what changed, what it costs a shop or online seller to get it wrong, and what comes next on 1 January 2027.

What changed in UK shops on 29 October 2026?

Until yesterday, the law in England, Wales and Northern Ireland only set an age limit for vapes that contained nicotine. That left a gap that trading standards teams had complained about for years: a shop could legally sell a nicotine-free vape, or a can of nicotine pouches, to a 14-year-old. From today that gap is closed, and the age of sale of 18 applies to the whole product category.

The Department of Health and Social Care guidance, published on 11 August 2026, defines the scope widely. Vaping products include devices such as vape pens, the liquids that are vaped and the components that go with them, such as coils and pods. Nicotine products include nicotine pouches, nicotine strips and nicotine pearls, and the rules cover synthetic nicotine made in a laboratory as well as nicotine extracted from tobacco.

A few items are explicitly outside the scope. Batteries, charging devices and electrical leads are not vaping products in themselves, and neither are licensed medical devices or medicinal products such as nicotine replacement therapy. That distinction matters for a corner shop that sells phone chargers next to vape accessories, but there is a twist covered later: a branded charger used to promote a vape can still fall foul of the free distribution rules.

Scotland’s starting point was different

Scotland already restricted sales of both nicotine and non-nicotine vapes to adults under its own legislation, so the change north of the border is narrower. From 29 October the Scottish regime extends to nicotine products such as pouches, and to herbal smoking products. Scottish retailers selling these products must also run an age verification policy and have regard to Scottish Government guidance, a duty that now covers nicotine product sellers too.

What the law says about age checks

In England, Wales and Northern Ireland, retailers must be satisfied that a customer is 18 or over before a sale. The government says forthcoming regulations will set out specific age verification steps, and following those steps will give a retailer a defence in court. Until then, the statutory defence is that the seller “took all reasonable steps” to avoid the offence, which in practice means a working Challenge 25 style policy, staff training and a refusals log.

The wholesale side is untouched. The age of sale rule applies to retail sales to the public, not to business to business or organisational sales, so cash and carry purchases by shopkeepers are not affected by this part of the Act.

Product	Before 29 October 2026 (England, Wales, NI)	From 29 October 2026 (whole UK)
Nicotine vapes and e-liquids	18+ only	18+ only, with new £200 fixed penalty
Nicotine-free vapes and e-liquids	No legal age limit	18+ only
Nicotine pouches, strips and pearls	No legal age limit	18+ only
Free samples and promotional giveaways	Restricted mainly through advertising rules	Criminal offence where the purpose or effect is promotion
Vending machines selling vapes or nicotine products	Allowed in some settings	Prohibited
Adult buying for an under-18	Offence for nicotine vapes and tobacco	Offence for all vaping and nicotine products

How much can a shop be fined for selling a vape to a child?

The headline figure is £200. The DHSC guidance on fixed penalty notices confirms that from 29 October trading standards in England and Wales can issue a £200 penalty for selling a vaping or nicotine product to an under-18, for proxy purchasing, for free distribution and for promotional discounting. If the penalty is paid within 14 days it drops by half to £100, which is why councils such as North Yorkshire have described the new powers as “£100 on-the-spot fines”.

Paying the penalty within 28 days means no prosecution can follow and no conviction is recorded. If it is not paid, the authority can take the case to court, where the penalties are much higher. Retailers can also refuse to pay and defend the case before magistrates, and the issuing authority can withdraw a notice at any point before payment.

Fines on conviction and repeat offending

On conviction, an underage sale of a vaping or nicotine product can attract a fine of up to level 4 on the standard scale (currently £2,500) in England, Wales and Scotland, and up to level 5 (currently £5,000) in Northern Ireland. The free distribution and discount offences are treated more seriously: in England and Wales they carry up to 12 months in prison on summary conviction and, on indictment, up to two years and an unlimited fine.

Persistent offenders face the loss of the category altogether. In England and Wales, three relevant offences within two years can lead to a restricted sale or restricted premises order banning the shop from selling the products for up to 12 months. In Scotland the equivalent banning order can last up to two years, and in Northern Ireland a restricted premises or sales order can run from 28 days to three years after three offences in five years.

Nation	Fixed penalty	Early payment	Who issues it	Repeat offenders
England	£200	£100 within 14 days	Trading standards	Restricted order up to 12 months after 3 offences in 2 years
Wales	£200	£100 within 14 days	Trading standards	Restricted order up to 12 months after 3 offences in 2 years
Scotland	£200, then £400 and £600 for prior actions within 2 years	£50 off (£150, £350, £550)	Trading standards	Banning order up to 2 years
Northern Ireland	Up to £250 for retail sale offences (subject to Assembly approval)	25% off within 14 days	Local councils	Order of 28 days to 3 years after 3 offences in 5 years

One detail is easy to miss. In England and Wales the old £90 fixed penalty for proxy purchasing has been replaced by the new £200 notice from today, so an adult caught buying for a teenager now faces more than double the previous sum.

Who is breaking the law: the shop, the adult or the teenager?

The guidance is clear that the liability sits with the adult. A child or teenager who buys, or tries to buy, a vape or a nicotine pouch commits no offence and cannot be given a fixed penalty notice. The seller is liable for an underage sale, and an adult who buys on a young person’s behalf is liable for the proxy purchase.

The proxy offence is broad. It is committed by anyone aged 18 or over who buys, or even attempts to buy, a vaping or nicotine product for someone under 18. Staff are expected to be trained to spot likely proxy purchases, such as an adult who is handed cash by a group of teenagers outside, and to refuse the sale when they suspect one.

Several local outlets have warned parents and older siblings in the run-up to today. Regional titles including Devon Live and Lancs Live carried warnings that a “half-term favour” of buying vapes for a younger teenager would become a crime from 29 October, a timely message given that the law took effect during the autumn half-term in many parts of England.

The Scottish staffing rule

Scotland keeps an extra requirement on the shop floor. Anyone under 18 who works on a till must have written authorisation from the person registered for the premises before selling tobacco, vaping or nicotine products, and that authorisation must be kept on site. England, Wales and Northern Ireland have no extra minimum age for staff beyond the general rules on child employment.

What counts as a banned free sample or substantial discount?

This is the part of the new law most likely to catch out well-meaning retailers and online sellers. It is now an offence to give a vaping or nicotine product, or a coupon for one, to a member of the public free of charge where the purpose or effect is to promote these products. It is also an offence to sell the products, or coupons for them, at a substantial discount for the same promotional purpose.

The government’s definition of a coupon is deliberately wide. It covers anything that can be redeemed for a product, service, cash or other benefit, in physical or electronic form, on its own or alongside something else. An emailed discount code is given as an example, which brings vape websites, loyalty apps and marketplace storefronts squarely into scope.

Examples given in the guidance

The DHSC guidance lists practical examples. Giving away refillable pods as a free gift is an offence. Handing customers free samples to try is an offence. Selling e-liquid, a vape device or a nicotine product for a nominal sum such as 10p “would likely be an offence”, the guidance says.

Branded merchandise is caught too. A non-vape item, such as a phone or vape charger carrying vaping product branding, falls within the ban if it is given away to promote a vaping or nicotine product. There is one specific defence: supplying vapes or coupons under a formal contract with a public authority, such as a local stop smoking service, and acting within the scope of that agreement.

What is still allowed

Ordinary price competition is not banned. The guidance says reduced prices to clear unsold stock remain lawful, as do bulk discounts and trade discounts. Whether a particular discount counts as “substantial” will depend on the product and the type of promotion, which leaves room for interpretation that trading standards and, eventually, the courts will have to settle.

Until the Act’s own advertising provisions replace them, businesses that discount vaping products must also continue to follow Part 7 of the Tobacco and Related Products Regulations 2016, the rules that already restrict vape advertising and promotion.

Vending machines and heated tobacco

Vending machines selling vapes or other consumer nicotine products are now prohibited, according to the joint retailer letter sent on 11 August 2026 by the chief executives of CTSI, Action on Smoking and Health (ASH), ASH Wales and the director of policy at Cancer Focus NI and ASH NI. The Mirror’s report of the changes also lists the vending machine ban among today’s measures.

Vending machines for tobacco were banned in England in 2011, but machines dispensing vapes and pouches had operated in some pubs, venues and transport hubs. In Scotland, managing or controlling premises with a vending machine selling these products was already an offence under the existing regime.

The joint letter also reminded retailers of a change that took effect when the Act received Royal Assent. The legal definition of a tobacco product now includes products “consumed in any other way”, which removes any doubt that heated tobacco products are subject to the same display and promotion restrictions as cigarettes. The letter told retailers who had not already removed adverts and displays for heated tobacco to take action.

Does the vape law change apply to online shops and marketplaces?

Yes. The DHSC guidance says the offence of selling a vaping or nicotine product to an under-18 applies to “retailers, including online retailers”. A website or marketplace storefront that ships a nicotine pouch or a nicotine-free vape to a 16-year-old is now in the same legal position as a shop that hands one over the counter.

The Act does not prescribe a separate age verification method for remote sales, according to commentary from age-check providers, so online sellers rely on the same “all reasonable steps” defence as physical shops until the promised verification regulations arrive. In practice that points to age checks at checkout and age-verified delivery, rather than a tick box asking the customer to confirm they are 18.

The Black Friday problem for vape sellers

The timing is awkward for online vape retailers. Black Friday falls on 27 November, less than a month after the promotion rules took effect, and many vape sites have traditionally run free-gift-with-purchase offers, bundle deals and steep percentage discounts. Free gifts are now clearly off the table, and any deep discount needs to be assessed against the “substantial discount” test before it goes live.

Shoppers will see the effect alongside a broader clampdown on misleading promotions. The Competition and Markets Authority has already used its new consumer protection fining powers this autumn, as we explained in our guide to UK rules on fake countdown deals for Black Friday 2026, so a vape promotion could now attract attention from both trading standards and the CMA.

Marketplace sellers

For independent sellers on platforms, the legal duty adds to rules the marketplaces already apply. Most large platforms keep their own restricted lists for age-restricted goods, and we have covered how TikTok Shop restricted categories and strikes can remove a seller’s listings or account. Today’s law means a breach is no longer just a platform policy issue but a potential criminal offence for the seller.

What do trading standards and health officials say?

John Herriman, chief executive of CTSI, welcomed today’s measures. “These changes close loopholes that Trading Standards have been raising concerns about for years,” he said, according to Talking Retail. Kate Pike, CTSI’s lead officer for tobacco and vapes, added that the institute looked forward to “additional regulations coming into force in the months and years ahead”.

Sir Chris Whitty, the Chief Medical Officer for England, warned against sellers “aiming to addict children and young people under 18 to nicotine of any kind”, the Mirror reports, adding: “Nicotine, of any form, is highly addictive.” The same report cites government figures that more than one million children have tried vaping and more than 370,000 are regular vapers.

In Wales, Nerys Evans, deputy minister for public and preventative health, said: “We all want to see our children grow up happy and healthy, free from the risk of nicotine addiction,” according to the Mirror. The Welsh Government has paired the change with a free NHS Wales app to help people stop vaping, local Welsh outlets report.

The retailer view

The joint letter from CTSI and the ASH organisations stressed that most responsible retailers should not face a significant new burden, because “most businesses already have robust age verification procedures in place, and these new requirements build on those existing systems”. It also acknowledged frustration among compliant shopkeepers: “We know it is frustrating for those who comply with the law to see others who don’t facing insufficient penalties.”

That frustration is real for independents. Convenience retailers have long argued that rogue vape shops and market stalls undercut law-abiding stores, and the faster fixed penalty route is designed to address that. Councils including the City of York and North Lincolnshire issued reminders to local businesses this morning, while the trade title Convenience Store reported that the industry had welcomed the start of the new regime.

How will the rules be enforced?

Enforcement falls to trading standards in England, Wales and Scotland, and to local councils in Northern Ireland. The Mirror reports that £10 million a year has been allocated to trading standards, along with new recruits, to tackle illicit sales, and the joint retailer letter says teams in England have been expanded with investment from the Department of Health.

The fixed penalty system is the main practical change. Under the old regime, an underage sale usually meant a test purchase, an investigation and a prosecution, a slow and expensive process for stretched council teams. A £200 notice that can be issued and paid within weeks gives officers a quicker and more proportionate option for first offences, while keeping prosecution and restricted premises orders for repeat or serious cases.

How shoppers can report illegal sales

Members of the public who see a shop selling vapes or pouches to children can report it. In England, reports go to trading standards via the Citizens Advice consumer helpline; in Wales via the No Ifs. No Butts. reporting service; in Scotland via the Society of Chief Officers of Trading Standards in Scotland; and in Northern Ireland to the local council, according to the joint retailer letter.

Retailers are also encouraged to report competitors they suspect of selling illicit tobacco or vapes. Illicit products, which often lack the correct duty stamp or exceed legal tank and nicotine limits, remain a separate and significant enforcement problem from underage sales.

What happens next: the 1 January 2027 smokefree generation rule

Today is the first of several stages. On 1 January 2027 the smokefree generation law takes effect: it becomes illegal to sell tobacco, herbal smoking products or cigarette papers to anyone born on or after 1 January 2009. Anyone who could legally buy tobacco before that date keeps that right for life, so the effect is to raise the age of sale by one year every year.

For shops, the joint letter describes this as “simply an additional date-of-birth check” within existing age verification procedures. Retailers must also update the age-of-sale notice displayed at each point of sale from 1 January, and failing to display the new tobacco sign becomes a fixed penalty offence in England and Wales from that date.

Registration, flavours and packaging

In Northern Ireland, fixed penalties for operating an unregistered tobacco, vape or nicotine business, or trading from unlisted premises, apply from 1 March 2027. The Act also gives ministers powers to restrict vape flavours, packaging and in-store displays, and to extend smoke-free and vape-free places, but no implementation dates for those measures had been confirmed in today’s coverage.

Date	Measure	Who it affects
1 June 2025	Ban on single-use (disposable) vapes	All UK retailers
1 October 2026	Vaping Products Duty at £2.20 per 10ml and duty stamps	Importers, manufacturers and retailers
29 October 2026	Age of sale 18 for all vaping and nicotine products; proxy, free distribution, discount and vending machine bans; fixed penalties	Shops, online sellers, adults buying for children
1 January 2027	Smokefree generation: no tobacco sales to anyone born on or after 1 January 2009; new age-of-sale sign	Tobacco retailers
1 March 2027	Registration offences enforceable by fixed penalty in Northern Ireland	NI tobacco, vape and nicotine businesses
By April 2027	End of the window to sell through existing unstamped vape stock	Retailers holding pre-October stock
To be confirmed	Restrictions on flavours, packaging and displays; wider vape-free places	Manufacturers and retailers

What does this mean for independent shops and the high street?

For the typical convenience store, vapes and pouches have become an important source of footfall and margin over the past five years, and many independents will feel the change in the till more than in the paperwork. Nicotine pouches in particular had been sold with little restriction, and the new age limit removes a slice of demand that, legally, should never have been there.

The legal changes arrive on top of a heavy cost week for small retailers. The Budget on 28 October removed retail, hospitality and leisure relief and small business rate relief from vape shops, as covered in our report on how the Budget lifts rates relief to £18,000 for 70,000 high street firms. Local papers such as SussexWorld reported that eight vape shops in Eastbourne alone would lose their reliefs.

The cost pressures already in the system

Vaping Products Duty, which started on 1 October 2026 at a flat £2.20 per 10ml of liquid regardless of nicotine strength, has already pushed up shelf prices. HMRC’s worked examples put the duty on a 2ml pod at 44p and on a 10ml bottle at £2.20, and the joint retailer letter warns that selling stock which entered the supply chain after 1 October without a duty stamp is an offence.

Wage costs are rising as well. The government confirmed this week that the National Living Wage will rise to £13.20 an hour from April 2027, which we analysed in what the £13.20 National Living Wage means for shops. Independent retailers were already reporting stalled investment before these changes, as the ACS Local Shop Report 2026 showed.

A compliance checklist for shopkeepers

Based on the DHSC guidance and the CTSI and ASH letter, the practical steps for retailers this week are straightforward:

1. Extend the shop’s age-restriction policy to cover nicotine pouches, strips, pearls and nicotine-free vapes, not just nicotine vapes and tobacco.
2. Brief every member of till staff on the new scope, the proxy offence and the £200 fixed penalty, and keep a written record of the training.
3. Keep a refusals log, which helps demonstrate “all reasonable steps” if an underage sale is challenged.
4. Remove free samples, free-gift offers, promotional coupons and nominal-price deals for vapes and pouches, including any branded chargers given away.
5. Check that no vending machine on the premises dispenses vapes or nicotine products.
6. Check duty stamps on any vape stock bought after 1 October 2026.
7. Prepare for 1 January 2027 by adding the 1 January 2009 date-of-birth check and ordering the updated age-of-sale sign.

What should parents and shoppers know?

For most adult shoppers, nothing changes beyond being asked for ID more often when buying pouches or zero-nicotine vapes. Adults who vape to help them stop smoking can still buy the products, and the CTSI and ASH letter emphasises that vapes and nicotine pouches are less harmful than smoking and should remain available to adult smokers who use them to quit.

For parents, the main change is legal clarity. A shop or website that sells a nicotine pouch or any vape to a child is now committing an offence, and an older sibling or family friend who buys one on a child’s behalf is too. The young person is not prosecuted, and anyone concerned about a particular retailer can report it to trading standards.

Shoppers should also expect the end of the “free vape with every purchase” offers that were common in some high street vape shops and online. If a promotion offers a free device, free pods or a 10p deal, it is now very likely to be unlawful, according to the government’s own examples.

Frequently asked questions

When did the new vape law come into force?

The latest phase of the Tobacco and Vapes Act came into force across the UK on Thursday 29 October 2026. It sets an age of sale of 18 for all vaping and nicotine products, bans proxy purchases, free distribution, promotional discounting and vape vending machines, and introduces fixed penalty notices.

Is it illegal to sell nicotine pouches to under-18s now?

Yes. From 29 October 2026 it is an offence anywhere in the UK to sell nicotine pouches, nicotine strips or nicotine pearls to anyone under 18. Before this date there was no legal age limit for nicotine pouches in England, Wales and Northern Ireland.

Do nicotine-free vapes count under the new law?

Yes. The age of sale of 18 now covers all vaping products whether or not they contain nicotine, including devices, e-liquids, coils and pods. Scotland already restricted non-nicotine vapes; the change is new in England, Wales and Northern Ireland.

How much is the fine for selling a vape to a child?

In England and Wales trading standards can issue a £200 fixed penalty notice, reduced to £100 if paid within 14 days. Scotland’s penalty is £200 (£150 if paid early), rising to £400 and £600 for repeat offences, and Northern Ireland’s is up to £250. If the case goes to court, fines can reach £2,500 or £5,000 in Northern Ireland.

Can an adult be fined for buying a vape for a teenager?

Yes. Any adult who buys, or attempts to buy, a vaping or nicotine product for someone under 18 commits a proxy purchasing offence and can receive a £200 fixed penalty in England and Wales. The under-18 does not commit an offence.

Can vape shops still run discounts and Black Friday deals?

Ordinary price reductions to clear unsold stock, bulk discounts and trade discounts are still allowed. Free samples, free gifts, promotional coupons and “substantial” discounts used to promote vaping or nicotine products are now offences. Whether a particular Black Friday deal is substantial depends on the product and the promotion, so sellers should check it against the government guidance.

Does the law apply to online vape shops?

Yes. The government guidance says the age of sale offence applies to all retailers, including online retailers. Online sellers rely on the same “all reasonable steps” defence as shops, which in practice means proper age checks at checkout and on delivery.

What changes on 1 January 2027?

From 1 January 2027 it becomes illegal to sell tobacco, herbal smoking products or cigarette papers to anyone born on or after 1 January 2009. Retailers must also display an updated age-of-sale notice at each point of sale.

Are vape vending machines banned?

Yes. From 29 October 2026 vending machines selling vapes or other consumer nicotine products are prohibited, according to the joint guidance letter to retailers from CTSI and the ASH organisations.