The Tobacco and Vapes Act has passed, but what happens next?

The Tobacco and Vapes Act is now officially law and the smokefree generation will become a reality. Starting on the 1st January 2027 the UK will begin phasing out the sale of tobacco products to anyone born after 2008. The scale of what has been achieved here cannot be overstated. The UK is leading the world in the fight against tobacco! 

However, there is a real risk that the passage of the Bill is seen as ‘job done’ when, in reality, there is still a lot of work to do. This blog outlines the next steps that need to be taken now that the Bill is on the statute book. 

The powers in the Act mean that the Government can extend the 2007 indoor smokefree legislation outside and create vape and heated tobacco free places. There is currently an open consultation on this for England. 

The Government has said that they want to make children’s playgrounds, schools and hospital grounds smokefree to protect the public, especially children and vulnerable people, from second-hand smoke exposure. 

This consultation closes on 8th May. Following this the Government will publish a response that will summarise the key points, detail their position on the issues raised and explain any changes they have decided to make based on the feedback.

Following this, the Government has stated that they intend to implement the regulations on smokefree places before the end of this Parliament.

The Bill brings in a ban on advertising and sponsorship for nicotine products, which includes vapes and nicotine pouches. 

Anyone who has taken a train recently may well have seen adverts for some of these products. The ban will come into force on 1st June 2027. 

A ban on free samples will also come into effect on 29th October 2026. 

The Tobacco and Vapes Act also grants the Government a range of powers to regulate tobacco and nicotine products. The Government will need to consult on the following things before they can introduce regulations: 

• A new licensing scheme for tobacco and nicotine products: Unlike for alcohol, currently no licence is required to sell tobacco, making enforcement of age of sale and issues such as illicit tobacco challenging. The Government will likely consult on this and be looking to hear from retailers, local government and enforcement bodies.
• A product registration scheme for tobacco and nicotine products: This will overhaul the existing MHRA notification scheme for vaping products to ensure that every vape legally on sale in the UK meets strict standards, alongside creating new registration schemes for tobacco and other nicotine products like pouches. The consultation is likely to focus on product testing requirements and fee levels for manufacturers.
• Restrictions on the contents and flavour descriptors of vaping and nicotine products: The Tobacco and Vapes Act includes powers to regulate the contents of nicotine products and limit how flavours are described. The consultation is likely to focus on how to regulate products to ensure they do not appeal to young people, without deterring adults who smoke from switching to vaping or causing adults who vape to go back to smoking tobacco, which is much more harmful. 
• Restrictions on the packaging, product design and display of vaping and nicotine products: Currently, nicotine products are often in bright and colourful packaging and displayed prominently in shops. The Government is likely to consult on the best way to regulate these products so that they do not appeal to children but are still available for adults who want to use them to quit smoking. 

It’s not currently clear which of these regulations the Government will prioritise for implementation. Some regulations, like the licensing scheme, are complex and will take time. The call for evidence that the Government launched in October 2025 addressed some of the technical questions but there is a lot more detail to be decided. 

The Government should act swiftly on areas where there is strong evidence and consensus on policy solutions, to ensure we begin to tackle youth vaping as quickly as possible. 

From the 1 January 2027, anyone born on or after 1 January 2009 will not be able to be sold tobacco products, creating a ‘smokefree generation’. Implementing this policy will require an effective communication campaign that ensures retailers and young people are informed about these changes and reduces the need for enforcement. We’ve seen with smokefree legislation in 2007 that when awarness and public support are high, compliance is close to 100%.

The Association of Convenience Stores recently launched their ‘Decline 09’ awareness campaign to help both retailers and consumers understand the new age verification rules. This campaign is backed by Trading Standards and developed in consultation with the Department of Health. It includes one-page guidance on the actions that retailers need to prepare, and in-store posters to communicate the change. 

There is also a huge opportunity to leverage the interest around the policy to raise awareness of the harms of smoking and invite current smokers to ‘join the smokefree generation’. The Government should seize the moment created by the Tobacco and Vapes Act and encourage people to stop smoking to improve their health.

We cannot leave anyone behind in this journey, and that is why ASH is calling on the Government to publish a comprehensive roadmap to a smokefree country. This would ensure that groups with high rates of smoking get tailored support and set a clear target date for achieving a smokefree country. 

There’s still a lot of work to do, and ASH is ready to play our part in building a smokefree future. This isn’t the end, but it is the start of the endgame.