Vaping Vs Smoking: Uk Laws And Their Applications

Vaping laws in the UK are a complex area, with a variety of regulations in place to ensure the safety of users and protect non-vapers. While vaping is considered a safer alternative to smoking, it is not risk-free, and the UK government has implemented several laws and restrictions on vaping products and their usage. The laws that apply to smoking don't generally extend to vaping, but there are some notable exceptions and variations. So, what are the rules regarding vaping in public places, on transport, and in workplaces? And how strictly are these laws enforced?

Do smoking laws apply to vaping in the UK?

Vaping age restrictions

In the UK, you must be 18 or older to purchase vape products such as e-cigarettes, e-liquids, coils, and atomisers. It is illegal for adults to buy or attempt to buy these products for anyone under 18. These laws are in place to prevent underage individuals from vaping, as vapes provide nicotine, which is addictive.

The UK government has also implemented several measures to support these age restrictions. Vape advertisements, for example, should not feature models who appear to be under the age of 25. Additionally, shops in England and Wales that sell tobacco and vape products to underage individuals can be fined £100 on the spot.

The UK's Tobacco and Vapes Bill, introduced in 2024, aims to prevent children who turn 15 that year or are younger from ever being sold tobacco or vape products. The age of sale will increase annually to prevent future generations from taking up smoking.

Vaping product restrictions

In 2016, the UK introduced the Tobacco and Related Products Regulations (TRPR), which established the legal framework for vaping. Here are some key vaping product restrictions that you should be aware of:

Age Restrictions:

To buy and use a vape in the UK, you must be 18 years or older. It is illegal to sell vaping products to individuals under 18, and retailers must verify the customer's age before making a sale. These restrictions also extend to related products like coils and atomisers.

Vape Cartridge Restrictions:

Vape cartridges are subject to specific limitations. Cartridges must not hold more than 2ml of liquid or contain more than 20mg of nicotine per millilitre.

Banned Ingredients:

The UK has implemented restrictions on certain ingredients in vaping products. This includes a ban on e-liquid containing diacetyl, as well as other ingredients such as colourings, caffeine, and taurine.

Nicotine Strength Limitations:

Manufacturers of vaping products must adhere to a legal nicotine limit. The nicotine strength in e-liquids must not exceed 20mg/ml.

Advertising and Packaging Rules:

Vaping product advertising is restricted on television, radio, and online platforms to prevent targeting underage individuals and non-smokers. Packaging requirements include clear health warnings and limits on nicotine content in e-liquids, ensuring consumers are well-informed about the potential risks.

Notification and Publication Requirements:

All e-cigarettes and e-liquids must be notified and published by the MHRA (Medicines and Healthcare products Regulatory Agency), a UK government agency, before they can be sold. Manufacturers must submit product details at least six months before making them available to the public.

Local Restrictions:

While there are no nationwide legal restrictions on vaping in public areas, local councils and property owners can impose their own rules. Local authorities can enforce vaping restrictions in open public spaces, and individual establishments can decide whether to allow vaping on their premises.

It's important to stay informed about vaping product restrictions, as they may evolve over time, and to follow the regulations to ensure safe and responsible vaping practices.

Vaping in public places

In the UK, there are no general laws against vaping in public places. However, certain public spaces may have their own rules against vaping, so it is always a good idea to be considerate of those around you and check the guidance before vaping if you are uncertain.

Many restaurants, bars, and other establishments have chosen to include e-cigarettes in their "No Smoking" policies, so if you are caught vaping in such places, you will be asked to stop or leave the area. It is worth noting that while there are no official laws, and therefore no legal repercussions, for vaping in these spaces, it is still respectful to abide by the rules of the property owner.

Vaping is also generally not allowed on planes, buses, or trains in the United Kingdom. Airlines such as Easyjet, Ryanair, British Airways, Thomas Cook Airlines, Virgin Atlantic, and Jet2 have banned the practice onboard. It is banned on most trains, and while it was once allowed on platforms, most stations now ban it. The London Underground also bans vaping. If you are caught vaping on public transport, you could face prosecution.

Vaping while driving is not illegal in the UK, but it is strongly discouraged. When in use, vape devices create large clouds of mist that can block the driver's vision and increase the risk of a crash. As a result, motorists who vape while driving could be prosecuted for "driving without due care and attention." If convicted, individuals may receive between three and nine penalty points, face up to £2,500 in fines, or even lose their driving privileges.

While there are no specific laws for vaping indoors in public places, it is recommended to check with the establishment first and ask about their rules. Similarly, industries and workplaces often have different rules and restrictions. Usually, vaping is not permitted indoors at work, but there may be designated outdoor areas. Checking the rules before vaping at work is essential, even if others are doing it.

Vaping is not allowed in Premier League stadiums, and supporters caught vaping may be ejected from the stadium or have their season tickets taken away. The rules differ from club to club for lower-league football clubs. Many major sporting stadiums, such as The Oval and Twickenham, also do not allow vaping.

Overall, while vaping is a smoke-free alternative to cigarettes in the UK, it is important to be mindful of the varying rules and restrictions in different public places and establishments.

Vaping while driving

In the UK, there is no specific law that prohibits vaping while driving. However, it is important to note that vaping while driving can have potential legal consequences. While smoking laws apply to cigarettes, they do not extend to vapes, placing vaping in a legal grey area.

Potential Legal Consequences of Vaping While Driving

The lack of explicit regulation does not mean that vaping while driving is without risk. Drivers who vape behind the wheel could face a £100 on-the-spot fine and 3 penalty points on their licence. These charges are due to the potential distraction and obstruction of vision caused by vaping, which can increase the risk of accidents. In the event of an accident caused by vaping, the penalties are more severe, with fines of up to £5000 and 9 penalty points possible.

Existing Traffic Laws and Vaping

Although there is no direct ban on vaping while driving, existing traffic laws can still be applied to vaping motorists. Laws against driving without due care and attention or without reasonable consideration for other road users can include vaping motorists whose driving is affected by their use of e-cigarettes. Therefore, it is crucial for drivers to ensure that vaping does not negatively impact their ability to drive safely and does not lead to distracted or dangerous driving.

Tips for Vaping While Driving

To avoid legal consequences and ensure safety, it is recommended to refrain from vaping if it distracts you or obstructs your view while driving. If you need to vape, consider pulling over to a safe place first. Using vape devices that produce less vapour can also be a safer alternative, as they reduce the potential for distraction and obstruction of vision.

Vaping as a Passenger

It is legal for passengers to vape in a car, but it is important to do so considerately. Large amounts of vapour can obscure the driver's vision and cause accidents. Keeping the windows down can help dissipate the vapour and ensure the driver's visibility is not compromised. Additionally, being mindful of other passengers who may find the scent or sight of vapour distracting is important to ensure everyone's comfort and safety.

While there is no explicit ban on vaping while driving in the UK, it is important to approach the activity with caution. Vaping can still result in legal consequences if it leads to distracted or dangerous driving. Therefore, it is crucial to prioritise safety and ensure that vaping does not impair your ability to drive responsibly.

Vaping in sports stadiums

In the UK, vaping laws are less restrictive than smoking laws. However, this does not mean that vaping is allowed everywhere. Vaping is prohibited in some sports stadiums but permitted in others, and the rules vary from stadium to stadium.

Vaping in Football Stadiums

Vaping is not allowed in Premier League stadiums, and those caught vaping will be ejected. Some clubs, such as Everton, may even revoke season tickets. However, if you go further down the football pyramid, the rules may be more lenient, and vaping could be allowed in some local clubs. It is always best to check the rules of the specific stadium before you go.

Vaping in Cricket Grounds

The rules for vaping in cricket grounds vary depending on the venue. For example, at The Oval, both smoking and vaping are only permitted in uncovered concourses, forecourt areas, and car parks. Meanwhile, at Lord's, the use of electronic cigarettes is not allowed in stands and enclosures, but there are designated areas that welcome smokers and vapers.

Vaping in Rugby Stadiums

Some rugby stadiums, such as Twickenham and the Principality Stadium, describe themselves as "completely non-smoking," meaning vaping is not allowed. However, other rugby stadiums may have different rules, so it is essential to check their guidelines before your visit.

General Guidelines for Vaping in Sports Stadiums

While the laws on vaping in sports stadiums vary, it is important to remember that vaping is generally prohibited in indoor public places and on public transport in the UK. Additionally, the property owner or administrator typically determines the vaping regulations for any given establishment. Therefore, it is always a good idea to research the vaping policy of the stadium or check with a staff member before using your vape device.

Frequently asked questions