The government has unveiled groundbreaking proposals to protect children from the risks of vaping, announcing that for the first time in history, shops will require a licence to sell tobacco, vapes and nicotine products.

Published on 8 October 2025, the call for evidence represents a major step towards closing a dangerous gap in the law that has allowed rogue traders to flood high streets with illicit products deliberately targeted at young people.

Closing A Critical Legal Loophole

Currently, any business in the UK can sell tobacco or vapes without obtaining a licence—a regulatory oversight that has enabled unscrupulous retailers to operate with impunity. These rogue traders have exploited the legal vacuum by selling cheap, colourful vapes in premises that also stock sweets and toys, making their products particularly appealing to children.

The proposed licensing scheme will fundamentally change how authorities prevent vape sales to children. Only responsible businesses that comply with regulations will be allowed to sell these products, while those who break the rules will face unlimited fines or on-the-spot penalties of £2,500.

Health Minister Stephen Kinnock emphasised the urgency of the措施: “We aim to close a major gap in the law—making it necessary for shops to hold a licence to sell tobacco, vapes and nicotine products. Our new proposals will better protect children by rooting out the rogue retailers blighting our high streets.”

Strengthening Enforcement Powers

The licensing scheme will provide enforcement officers with significantly enhanced powers to identify and shut down operators who flout the law. This represents a crucial tool in the fight against vape sales to children, as current regulations have proven inadequate in preventing illegal trading.

Under the proposals for England and Wales, retailers selling without a licence could face unlimited fines in court or fixed penalties of £2,500. In Northern Ireland, courts will have the power to impose fines of up to £5,000. These substantial penalties signal the government’s determination to eliminate the illegal vape market that preys on young people.

The measures form part of the landmark Tobacco and Vapes Bill, currently progressing through Parliament at committee stage in the House of Lords. This world-leading legislation will create a smoke-free generation by preventing anyone born on or after 1 January 2009 from being sold tobacco products.

Tackling Youth Vaping Through Product Regulation

Beyond licensing, the government’s call for evidence seeks expert views on multiple aspects of vaping products that contribute to their appeal amongst children. The consultation addresses four critical areas:

Flavours and ingredients: The government aims to identify which substances to allow in vapes and nicotine products, assess the risks their emissions may pose, and learn from international efforts to control flavours. Many vaping products currently use sweet, dessert, or fruit flavours that research shows are especially appealing to young users.

Nicotine strength: The consultation will examine safe levels for vapes and nicotine pouches to ensure products do not deliver dangerously high doses. Some products currently available contain nicotine concentrations that raise serious health concerns, particularly for developing bodies.

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Design and appearance: Officials are reviewing the size, shape, and features of vapes and tobacco-related devices to determine whether to restrict products with digital screens. Some manufacturers deliberately design vapes to look like everyday items such as stationery or USB drives, making them easier for children to hide from parents and teachers.

Industry compliance: The government plans to introduce a new registration system that requires every tobacco, vape, or nicotine product sold in the country to be logged. This system aims to stop unsafe or misleading products from reaching the market while giving consumers and retailers greater confidence in what they buy and sell.

Evidence-Based Policy Development

The government has invited submissions from retailers, manufacturers, public health experts, charities, academics, health professionals and members of the public. Responses must be submitted by 3 December 2025.

Hazel Cheeseman, Chief Executive of Action on Smoking and Health (ASH), welcomed the government’s evidence-gathering approach. She said, “The Tobacco and Vapes Bill is a world-leading piece of legislation that could dramatically change how tobacco and vapes are sold. Using the best available evidence to shape the regulations is vital to ensure the bill achieves its intended impact.”

Public support for robust action is substantial. A 2023 ASH report revealed that 83 per cent of the public support tobacco retail licensing—demonstrating widespread recognition that current regulations fail to adequately prevent vape sales to children.

Plain Packaging Shows Promise

Research from King’s College London and University College London provides compelling evidence for restricting how vaping products are marketed. The study examined children’s responses to branded versus plain packaging, with striking results.

When shown branded packaging with colourful designs and flavour names, 53 per cent of children aged 11 to 18 indicated their peers would be interested in trying vapes. However, this figure dropped significantly to 38 per cent when shown plain packaging with simple flavour descriptions—a 15 percentage point reduction.

Crucially, adult interest remained similar regardless of packaging style, suggesting that restrictions on marketing and appearance could substantially reduce youth vaping without impeding adult smokers’ access to vaping as a quit aid.

The Growing Youth Vaping Crisis

The urgency of preventing vape sales to children cannot be overstated. Whilst vaping is less harmful than smoking and can serve as an effective cessation tool for adult smokers, health experts universally agree that children and adult non-smokers should never vape.

The proliferation of vaping amongst young people has reached alarming levels in recent years. Colourful, appealingly flavoured products have flooded the market, often sold through outlets that simultaneously stock children’s confectionery and toys. This deliberate targeting has normalised vaping amongst school-age children, creating a generation at risk of nicotine addiction.

Many ingredients in e-liquids and nicotine products were originally developed for ingestion rather than inhalation after heating or absorption. The long-term health effects of inhaling these substances remain inadequately understood, raising serious concerns about exposing developing bodies to potentially harmful chemicals.

Comprehensive Legislative Framework

The licensing proposals represent one component of a broader regulatory framework designed to protect children. The Tobacco and Vapes Bill will also ban the advertising and sponsorship of vaping and nicotine products, providing government with powers to regulate flavours, packaging, and how and where vapes and nicotine products are displayed in shops.

A separate consultation on introducing smoke-free and vape-free places, alongside further restrictions on vape packaging and display regulations, will follow in 2026. This phased approach ensures thorough consideration of complex regulatory questions whilst maintaining momentum towards meaningful reform.

The current law permits an extraordinary variety of shapes, sizes and features amongst vaping devices. Some products incorporate digital screens, whilst others are designed to resemble stationery or other innocuous items. This diversity has enabled manufacturers to create products that are easily concealed and particularly attractive to young users—precisely the outcomes that effective regulation must prevent.

Protecting Legitimate Businesses

Whilst the primary focus remains preventing vape sales to children, the licensing scheme will simultaneously benefit responsible retailers. By eliminating rogue operators who undercut legitimate businesses through illegal trading, the new framework will create a level playing field for compliant retailers.

Minister Kinnock highlighted this dual benefit: “Our new proposals will better protect children by rooting out the rogue retailers blighting our high streets and help adults know which shops are selling legitimate products.”

Legitimate businesses have long complained that current regulations disadvantage those who follow the rules whilst allowing unscrupulous traders to profit from illegal sales. The licensing requirement will clearly identify which shops operate within the law, giving consumers confidence in their purchases and protecting reputable retailers from unfair competition.

A Smoke-Free Generation

The licensing proposals and associated regulations form part of the government’s ambitious Plan for Change, which aims to create the first smoke-free generation in British history. By preventing anyone born on or after 1 January 2009 from legally purchasing tobacco products, the legislation represents a fundamental shift in public health policy.

This generational approach recognises that whilst supporting adult smokers to quit remains important, preventing young people from ever starting smoking or vaping offers the greatest long-term health benefits. Combined with restrictions on vape sales to children, these measures could dramatically reduce nicotine addiction in future generations.

International Leadership

The Tobacco and Vapes Bill positions the UK as a global leader in tobacco and nicotine product regulation. Few countries have implemented comprehensive licensing schemes for retailers selling these products, and none have combined such measures with generational sales bans and extensive restrictions on product design, marketing and display.

International evidence on retail licensing demonstrates its effectiveness when properly enforced. Jurisdictions that have implemented similar schemes report significant reductions in illegal sales and improved compliance with age verification requirements—outcomes that would substantially reduce vape sales to children in the UK.

Call To Action

The government is actively seeking evidence and expert opinion to ensure regulations are as effective as possible. Those with relevant expertise or experience are encouraged to respond to the call for evidence before the 3 December 2025 deadline.

Officials are examining key questions such as which flavours to permit or restrict, what nicotine levels are safe for different products, how to regulate product design to reduce youth appeal, and which registration and compliance systems will most effectively prevent illegal sales.

Minister Kinnock concluded: “We want expert views on how we can develop the strongest possible regulations to protect our children as part of our Plan for Change, while ensuring adult smokers can still use vapes to quit smoking.”

The consultation represents a critical opportunity to shape regulations that will protect children from nicotine addiction whilst preserving vaping as a cessation tool for adult smokers. By closing the legal loophole that has enabled rogue traders to target young people with impunity, these proposals mark a decisive turning point in efforts to prevent vape sales to children and safeguard the health of future generations.

Source: dbrecoveryresources