Tobacco and Vapes Bill: what does it mean for you?

Vaping laws are changing! The Tobacco and Vapes Bill passed its second reading in Parliament on 16 April, so it looks like it will become law. In this guide, we’ll give you a vaper-friendly explanation of what rules are changing and why. We’ll also give you some pointers on how — and when — to prepare for the new rules. 

What’s in the bill?

The Tobacco and Vapes Bill covers a lot of ground. There are rules in here that will impact the sale and consumption of all tobacco products (everything from cigars to heated tobacco) and all e-cigarettes for generations to come. The good news is that almost everything in the bill is built around creating a smokefree generation and keeping children safe from harm. 

The full text of the bill is on the parliament website here, but there is also a good summary of the bill on gov.uk here. It’s heavy stuff (we had to re-read it a few times) so we’ve summarised the main points below.

Smokefree generation

First off, anyone born after 2009 will never be able to legally buy cigarettes. This is all part of the UK’s Stopping the Start plans, which we explained in this recent article. The goal of this law is to prevent young people from ever being able to walk into a shop and legally buy a pack of cigarettes, without forcing smoking addicts to buy their cigarettes on the black market. As vaping retailers who have dedicated our lives to helping people quit smoking, we’re impressed by this new rule — we just hope it’s enforced properly.

A framework to govern vaping

This bill doesn’t list any specific flavours or packaging styles. Instead, it gives the governments of England, Wales, Scotland and Northern Ireland new powers to control these things. Once this bill becomes law, the Secretary of State will have the ultimate say over whether certain flavours or designs get banned.

Vape flavours

The government will have the power to outlaw vape flavours. In the factsheets supporting this bill, the government notes that certain fruit flavours are preferred by underage vapers. The government also states that “regulating flavours has the potential to significantly reduce youth vaping” (source: gov.uk). The government also notes that there are hundreds of thousands of legitimate adult vapers who need to be considered, so we don’t expect any sudden knee-jerk bans when this bill becomes law. 

Vape displays in shops

If, like most of our customers, you buy your vape juice and hardware online, this rule won’t affect you … but it’s one of the most important rules in the whole bill. 

The factsheets supporting this bill say “It is unacceptable that children can see and pick up [vape] products in retail settings easily due to them being displayed within aisles, close to sweets and confectionery products and on accessible shelves” (source: gov.uk). We couldn’t agree more. Walk into any corner shop or petrol station in our country today and you’ll find vapes displayed by the front door, beside the sweets or at eye level for kids and teens. This has to change.

With this new law, the government can control where and how vapes can be displayed within shops. This is a really positive change that can stop kids and non-smokers from being tempted by a product that isn’t designed for them. It might also make it harder for shoplifters to steal vapes, which in turn will make it harder for underage kids to get their hands on them. 

Vape packaging

The new bill gives the government new powers to regulate vape packaging (source: gov.uk). There is research to suggest that the vivid packaging on most vape products could be attracting kids (source: JAMAnetwork.com), so it’s important that the government have the power to get involved here.

Personally, we love the variety, cheek and charm of vape brand packaging, but if it’s encouraging underage vaping, then it needs to change. The drinks industry already has rules about bright colours and cartoonish designs on bottles & cans (see our recent Portman Group explainer), so we wouldn’t be surprised if most vape products have to undergo a bit of a rebrand in the near future. Watch this space. 

No free vape samples to kids

At the moment, there’s a loophole in the law that allows nicotine-free vape samples to be given out for free to under-18s. This loophole will be closed when this bill becomes law. It will become an offence to give away a vape (or a coupon for a vape) to anyone under the age of 18. 

These vape sample rules can’t come soon enough. Vapes are less harmful than cigarettes, but they’re not harm-free (source: nhs.uk). Children should never use vapes, regardless of whether they contain nicotine or not. Free samples just shouldn’t be on the menu. 

Disposables disappear in April 2025

Disposables aren’t mentioned in this bill, simply because the government is already using existing environmental protection laws to ban them (source: gov.uk). The disposables ban is expected to come into force on 1st April 2025. 

Will this bill become law?

Right now, it’s almost certain that the Tobacco and Vapes Bill will become law, because it has just made it through the second reading. Typically, a bill’s chances of becoming law start out at around 20%, but if a bill passes the second reading stage, its odds of becoming law jump to 95% or higher. 

For instance, in the 2019-2021 parliamentary session, 237 bills were put forward in the House of Commons. Only 54 bills made it past the second reading stage, and 52 of these became law (source: legislation.gov.uk). The 2021-2022 parliamentary session was very similar: Out of 248 bills, 44 made it past the second reading, and 43 became law.

We’re confident that this bill will become law. That said, because of how the bill is structured, things won’t change straight away. The government needs to make this a law, then they need to decide which (if any) flavours or designs should be banned. We can expect a few public consultations and calls for evidence before any flavours or packaging styles are affected. 

This new bill is the biggest law to impact vapers in years … but it’s not the end of vaping as we know it. Here at Gourmet E-Liquid, it’s business as usual. We understand that, over time, a few flavours might disappear, and a few logos and bottle labels might evolve, but nothing is set in stone just yet. We plan on serving our customers the very best vaping products, at the very best prices, in the fastest possible time, for as long as we possibly can. 

Stay safe and happy vaping!

John Boughey