The Tobacco and Vapes Act 2026 (the “Act”) introduces wide‑ranging controls on the sale, promotion and use of tobacco, vaping and nicotine products. According to B P Collins’ criminal team, it is designed to protect public health by creating the UK’s first smoke‑free generation, tightening age‑restriction enforcement, and extending restrictions to vape‑free and heated tobacco‑free places.
Government communications describe the Act as a historic step toward a smoke‑free UK, focused on preventing nicotine addiction in children and young people and reducing smoking‑related harm.
- Creating a “smoke‑free generation”
The Act makes it illegal to sell tobacco and vaping to anyone born on or after 1 January 2009, creating a rolling cohort who will never be legally sold tobacco. This is a significant piece of legislation trying to ensure that vaping and tobacco use is banned for a whole generation onwards supporting healthier life choices and reducing risk factors into health areas which can become a burden to the NHS. - Preventing circumvention of age restrictions
The offence framework targets the practical routes by which restrictions are often bypassed, including proxy purchasing, vending machines, and promotional methods that encourage uptake, particularly by younger people. - Regulating vaping and nicotine products
Alongside tobacco control, the Act strengthens regulation of vapes and nicotine products, including advertising and sponsorship controls and powers to restrict marketing practices that appeal to children. - Strengthening enforcement and deterrence
The Act also introduces licensing and enforcement mechanisms and allows for liability to extend beyond companies to individuals in certain circumstances.
Who is affected?
The offences and sanctions are most relevant to:
- Retailers selling tobacco, vapes or nicotine products
- Staff conducting age checks and sales at point of sale
- Adults who purchase products on behalf of under‑age customers
- Manufacturers and suppliers of prohibited oral tobacco products (e.g. snus)
- Advertisers, publishers, designers and online platforms
- Premises managers responsible for vape‑free and / or heated tobacco‑free compliance
Key offences and penalties
The Act contains offences in Part 1 (Sale and distribution: England and Wales), Part 6 (Advertising and sponsorship) and Part 7 (Smoke‑free / vape‑free / heated tobacco‑free places).
1) Sale and distribution offences (Part 1)
Part 1 includes offences relating to:
- Sale to persons within the “smoke‑free generation” (born on or after 1 January 2009)
- Sale of vaping and / or nicotine products to under‑18s
- Proxy purchase offences
- Vending machine controls
- Oral tobacco product restrictions
In practice, the regime is tiered: lower‑level retail and signage compliance issues are typically dealt with by summary penalties, while more serious supply chain and commercial conduct can attract more severe sanctions (including custody).
1b) Retail licensing and enforcement orders
Part 1 provides for retail licensing (England and Wales) and linked offences, including restricted premises and restricted sale orders for persistent offenders. Courts may also have powers (depending on the offence) to order forfeiture and destruction of products, alongside financial penalties.
2) Advertising, promotion and sponsorship (Part 6)
Part 6 creates offences covering publication and distribution of advertisements, including provisions addressing internet services, as well as sponsorship and brand sharing.
This is aimed at reducing promotional pathways that drive uptake, particularly by younger audiences.
3) Vape‑free and heated tobacco‑free places (Part 7)
Part 7 enables the creation of vape‑free and heated tobacco‑free places and vehicles and includes offences for individuals using prohibited products and for those responsible for management who fail to enforce restrictions or display required signage (this provision is jurisdiction‑specific).
Court sanctions – what can the court do?
Depending on the specific offence and in which court the trial is heard (i.e. in the magistrates’ courts or in the Crown Court), the court’s powers may include:
- Fines (including by reference to standard scale levels for some summary‑only offences)
- Custodial penalties (i.e. prison sentences) for the most serious offences (where provided by the Act / offence framework)
- Forfeiture and / or destruction powers in relevant cases
- Restricted sale / premises orders for persistent offenders
Allegations under the Tobacco and Vapes Act 2026 can arise in a number of ways: test purchases, complaints, licensing visits, or investigations into advertising and supply chains.
The Act includes both lower-level offences and more serious offences (including advertising and / or sponsorship provisions) that may carry significant consequences including imprisonment. It imposes a duty on every stakeholder in the chain: the purchaser, the proxy purchaser (e.g. those buying on behalf of a minor), the retailer, as well as the producers and advertisers too.
These issues can be best dealt with if advice is sought at an early stage. If there is an investigation or proceedings have already commenced or if you would like proactive advice, please contact B P Collins’ specialist criminal law team by emailing at enquiries@bpcollins.co.uk or call 01753 889995.
