Tobacco and Vapes Act
Find information about the UK Government's Tobacco and Vapes Act here. Read more about the background and the measures that are relevant to Scotland before scrolling down the page to find out how you can get involved.
With tobacco being the biggest preventable killer of people in Scotland causing nearly 9,000 premature deaths each year, and regular e-cigarette use by 15-year-olds having tripled and more than doubled for 13-year-olds during recent years, ASH Scotland welcomed the Tobacco and Vapes Bill, which has a four-nations approach, as a landmark step towards creating a tobacco-free Scotland through reducing the use of tobacco and tackling youth vaping.
The Bill, which was introduced to the UK Parliament by the UK Government on 5 November 2024, was voted on twice in the House of Commons and, after a debate in the House of Lords, it proceeded to be scutinised by the Grand Committee in the House in the Lords. Six committee sessions took place between 27 October and 26 November 2025. Amendments were voted on during the report stage in the House of Lords between 24 February and 3 March 2026.
A majority of MPs in the House of Commons voted to accept the amendments that were passed in the House of Lords but there were small changes (relevant to Wales) that required the Bill to be considered again by the House of Lords on 20 April 2026.
To become law, the Bill needed to be approved in the same form by both the House of Commons and the House of Lords, and then sent to the monarch for Royal Assent.
The UK Government's Tobacco and Vapes Act became law after receiving Royal Assent on 29 April 2026
Some measures will come into force immediately or within a short period of time, while others will be implemented following subsequent UK-wide and Scottish-only public consultations.
As the Bill covered some matters that are devolved to the Scottish Parliament, the consent of a majority of MSPs was needed to support the Scottish Governmentâs Tobacco and Vapes Bill Legislative Consent Motions (LCMs) to allow UK-wide measures to be implemented in Scotland.
At the Bill stood on 29 May 2025 (i.e. after its first debate in the House of Lords on 23 April 2025), an unanimous vote by MSPs passed the Scottish Governmentâs associated LCM. Further LCMs reflecting amendments made in the Westminster parliamentary process were passed unanimously in March 2026.
The UK Government ran its public consultation on 'Smoke-free, heated tobacco-free and vape-free places in England' from 13 February 2026 to 8 May 2026. As its title indicated, this consultation was not applicable to Scotland. The Scottish Government will consider further place-based smoke-free, vape-free and heated tobacco-free restrictions in Scotland as part of its Tobacco and Vaping Framework.
On 10 July 2026, the UK Government opened its UK-wide public consultation on its proposals for tobacco and vape packaging, appearance and display which will run until 2 October 2026.
Main measures that are relevant to Scotland
The rising age of sale measure to stop future generations from becoming addicted to tobacco will mean that, from 1 January 2027, it will be illegal to sell tobacco products to anyone born on or after 1 January 2009. We support this measure, which will progressively clear retail spaces of tobacco; and remove the current age-of-sale legislation in Scotland which decriminalises under-age consumer purchases of tobacco. ASH Scotland has long advocated for young people not to be criminalised for buying addictive, health harming tobacco products.
Nicotine pouches are currently not age-restricted products and the proposals will make the sale of nicotine pouches to under-18s illegal from 29 October 2026.
A year after the Bill receiving Royal Assent, on 1 June 2027, there will be a UK-wide ban of advertising and promoting vapes, nicotine pouches, heated tobacco and herbal smoking products. We welcome this proposal which will repeal and replace the Tobacco Advertising and Promotion Act 2002 to introduce restrictions that complement the existing ban on tobacco advertising and sponsorship, and strengthen regulations by the Scottish Government, enabled by the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016, that have not yet been implemented to restrict free distribution, brand-sharing as well as advertising and promotions of vaping products on billboards, leaflets and bus shelters.
Powers are devolved to the Scottish Government to create vape-free and heated tobacco-free spaces and extend smoke-free spaces in Scotland. In 2024/25, ASH Scotland convened a Short Life Working Group on Smokefree Spaces, at the request of the Scottish Government, which investigated the scope for increasing smoke-free spaces. We support the extension of SAVE spaces (smoke and vape-free environments) with a focus on areas frequently used by children such as in and around school premises and playgrounds.
The Act can also introduce powers to restrict the flavours, product designs, packaging and retail point of sale displays of e-cigarettes as well as other tobacco and nicotine products. The restrictions will be consulted on by the UK Government on a UK-wide basis. We advocate for recreational nicotine products to have no added flavours, and for the standardisation of device designs and packaging to reduce the attractiveness of products to children through the prevention of imagery, colours, descriptors and branding.
A power is also devolved to the Scottish Government to introduce secondary legislation to enable its existing national Register of Tobacco and Nicotine Vapour Product Retailers to be extended to cover all tobacco, nicotine and herbal smoking products. We want the Register to be made âconditionalâ, with the government remaining as the registration authority. This change would support enforcement of regulations by increasing data collection, improve sanctions for repeated non-compliance by retailers, and could generate a revenue stream to support maintenance of the Register.
We endorsed the Smokefree Action Coalition's 'Smokefree generation' briefing which was issued to Members of the House of Lords.
Call for evidence informing potential future tobacco and vapes regulations
On 8 October 2025, the UK Government's Department of Health and Social Care issued a call for evidence to obtain information to support policy development on potential future regulations which will be included as proposals in a future consultation after the Tobacco and Vapes Bill becomes law.
Evidence was requested about the following issues:
- Substances and ingredients used to create flavours in products, such as vapes and nicotine products, and associated emissions from these products.
- Levels of nicotine that should be permitted in nicotine-containing products, such as nicotine pouches.
- Size and shape of vapes, vape-like devices and tanks, as well as the role of technology in these devices.
- A new product registration scheme which could require a producer or manufacturer to provide details on products such as tobacco, vaping and nicotine products before they can be supplied to the UK market.
Thanks to our supporters who encouraged MPs to support the Bill
We thank everyone in Scotland who emailed their MP to express support for the Tobacco and Vapes Bill.
ASH Scotland's gives evidence supporting the Tobacco and Vapes Bill
Our CEO, Sheila Duffy welcomed the progress on the Tobacco And Vapes Bill at the oral evidence session for the UK Parliament's public bills committee in the House of Commons on 7 January 2025.
Click the button below to watch the full evidence session that includes the 3 ASH organisations and Cancer Focus Northern Ireland.
Read the evidence we submitted to the House of Commons's Public Bill Committee.
Tobacco and Vapes Bill Legislative Consent Memorandum
ASH Scotland gave evidence to the Scottish Parliamentâs Health, Social Care and Sport Committee supporting the Scottish Government's Tobacco and Vapes Bill Legislative Consent Motion (LCM).
Read about our support for the LCM below.
Previous UK Government's Tobacco and Vapes Bill
We have several e-learning courses and downloadable resources about tobacco and related products on our dedicated e-learning website.
The tobacco industry
Learn about the importance of WHO's FCTC Article 5.3 in preventing tobacco industry interference in the development of health policies.
Smoking harms
Tobacco is the biggest cause of cancer worldwide. Find out more about the harms of smoking.