Keith Mack
Vaping is a popular alternative to smoking, but it is not without its own legal considerations. While vaping is often considered a safer option than smoking, with fewer harmful toxins, it is still governed by a separate set of regulations. In the UK, the law treats vaping differently from smoking in some respects, particularly regarding where it is permitted and how it is advertised and sold. This is largely due to the fact that vaping is generally accepted to be less harmful than smoking, although the long-term effects of vaping are not yet fully understood.
| Characteristics | Values |
|---|---|
| Is vaping considered smoking by law in the UK? | No. |
| Is vaping completely harmless? | No. |
| Is vaping harmful to people around you? | There is no evidence so far that it is harmful to people around you, and any risks are likely to be very low. |
| Is vaping less harmful than smoking? | Yes. |
| Are there age restrictions on vaping? | Yes, selling vaping products to individuals under 18 is illegal. |
| Are there advertising rules for vaping? | Yes, e-cigarette advertising is restricted across various media, including television, radio, and online platforms. |
| Are there packaging and warning label rules for vaping? | Yes, stricter packaging requirements mandate clear health warnings and limit the nicotine content in e-liquids. |
| Are there rules for vaping in public places? | Yes, vaping in enclosed public spaces is subject to local laws, similar to smoking regulations. |
| Are there rules for vaping at outdoor events? | Yes, be considerate of those around you and avoid vaping in heavily populated areas. |
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What You'll Learn
Vaping is less harmful than smoking
In the UK, the government has introduced the Tobacco and Vapes Bill to break the cycle of addiction and put the country on track towards becoming smoke-free. This bill includes measures to make most public places and workplaces that are smoke-free, vape-free as well.
While vaping is not completely harmless, it is considered less harmful than smoking. In 2022, UK experts reviewed international evidence and concluded that "in the short and medium term, vaping poses a small fraction of the risks of smoking". Cigarettes release thousands of different chemicals when they burn, many of which are poisonous and carcinogenic. On the other hand, vaping delivers nicotine by heating an e-liquid, reducing exposure to toxins associated with cancer, lung disease, heart disease, and stroke. While nicotine is highly addictive, it does not contain the toxic chemicals found in cigarette smoke, such as tar and carbon monoxide.
However, it is important to note that vaping is not risk-free. The long-term health effects of e-cigarettes are not yet fully understood, and there are concerns about the presence of potentially harmful substances in vape liquids, including caffeine, pesticides, and flavourings linked to possible toxic effects and respiratory irritation. Additionally, vaping can increase resting heart rate and diastolic blood pressure, similar to cigarette smoking. Nonetheless, nicotine-free vaping does not appear to have the same cardiovascular effects as nicotine-containing products.
Vaping is particularly enticing to young people due to its lower per-use cost, lack of smoke and associated stigma, and appealing flavours. However, it is important to emphasise that children and non-smokers should never vape. While second-hand cigarette smoke is known to cause serious harm, there is currently no evidence that vaping poses a similar risk to bystanders. Nonetheless, as a precaution, it is recommended to avoid vaping around babies and children.
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Vaping is not completely harmless
In the UK, the Tobacco and Vapes Bill has been introduced with the aim of creating the first smoke-free generation. This includes measures to prevent children from taking up smoking and vaping, such as banning the advertising and sponsorship of vapes and nicotine products.
While vaping is often considered a safer alternative to smoking, it is not completely harmless. Nicotine vaping is not risk-free, and while it is less harmful than smoking cigarettes, it still carries dangers. Nicotine is a highly addictive substance, and vaping delivers nicotine to the brain in a different way than smoking. With smoking, there is a very quick hit of nicotine, whereas with vaping, it generally takes longer, and users tend to vape more frequently. This can create a cycle of nicotine addiction, particularly in young people, which can have negative effects on mental health and adolescent brain development.
Vaping is also not recommended for pregnant women, as nicotine is toxic to developing fetuses and can cause low birth weight and pre-term birth. In addition, some flavourings used in e-cigarettes, such as diacetyl, have been linked to serious lung disease. While diacetyl is banned in the UK, there may still be risks associated with vaping that are not yet fully understood.
Furthermore, vaping can cause breathing problems and organ damage, and explosions from the batteries in vaping devices have caused serious injuries and burns. While vaping does not produce second-hand smoke, those around the vaper are still exposed to nicotine and other chemicals. Therefore, it is recommended to avoid vaping around babies and children.
In conclusion, while vaping may be less harmful than smoking, it is not without its risks and should be approached with caution, particularly by vulnerable groups such as children, non-smokers, pregnant women, and those with mental health issues.
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Vaping is not covered by the Go Smoke-Free legislation of 2007
In the UK, vaping is not covered by the Go Smoke-Free legislation of 2007, which came into effect on 1 July 2007. This legislation made virtually all work and public places in England smoke-free. However, vaping is not considered the same as smoking by this law.
While vaping and e-cigarettes are not risk-free, they are considered less harmful than traditional cigarettes. This is because cigarettes release thousands of different chemicals when burned, many of which are poisonous or carcinogenic. On the other hand, vaping heats an e-liquid to produce nicotine, reducing exposure to toxins associated with cancer, lung disease, heart disease, and stroke.
The UK government has recognised this distinction and is taking steps to regulate vaping separately from smoking. The Tobacco and Vapes Bill, introduced in 2024, aims to break the cycle of addiction and create a smoke-free UK. As part of this bill, most public places and workplaces that are smoke-free will also be required to be vape-free. This includes indoor places and outdoor spaces where children and young people are present, such as playgrounds and schools.
The Tobacco and Vapes Bill also includes measures to ban the advertising and sponsorship of vapes and nicotine products. Additionally, it grants ministers the power to regulate the flavours, packaging, and display of vapes to make them less appealing to children. These measures demonstrate the government's commitment to protecting children and vulnerable groups from the potential harms of vaping while also recognising its reduced risks compared to smoking.
While vaping is not covered by the Go Smoke-Free legislation of 2007, it is subject to separate regulations and safety standards. For example, diacetyl, a chemical found in cigarette smoke, is banned as an ingredient in UK-regulated nicotine vapes and e-liquids. Additionally, it is recommended that individuals buy their vaping products from reputable suppliers to ensure they comply with UK safety and quality regulations.
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Public places and workplaces that are smoke-free are also being made vape-free
In the UK, vaping is not considered the same as smoking by law. While vaping contains nicotine, a highly addictive drug, it does not contain the toxic chemicals found in cigarettes, including tar and carbon monoxide. Vaping exposes users to fewer toxins and at lower levels than smoking cigarettes.
The bill will also ban the advertising and sponsorship of vapes and nicotine products, and allow ministers to regulate the flavours, packaging, and display of vapes so that they do not appeal to children. The legislation will apply UK-wide, building on the existing legislative frameworks of the four nations to create a cohesive approach to regulating tobacco and vaping products.
In England, the government is considering extending smoke-free outdoor places to outside schools, children's playgrounds, and hospitals but not outdoor hospitality settings or wider open spaces like beaches. Private outdoor spaces are out of scope of the powers in the bill. Exactly which settings should become smoke-free will be a matter for secondary legislation and will be subject to a full consultation.
While vaping can help adult smokers quit, it is not without risks, particularly for adolescents whose brains are still developing. Selling nicotine vapes to under 18s is illegal. Due to nicotine content and the unknown long-term harms, vaping products carry a risk of harm and addiction.
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Selling vaping products to under-18s is illegal
In the UK, it is illegal to sell vaping products to anyone under the age of 18. This law is in place to protect young people, as nicotine is more risky for them than adults. Evidence suggests that the developing brains of young people are more sensitive to the addictive effects of nicotine. In fact, 92% of under 18s who have never smoked have also never vaped.
The UK government has recognised the recent increase in vaping among children. In 2022, 9% of 11 to 15-year-olds were current vape users, and 4% were regular users. The increase in vaping among children has been driven by the emergence of disposable vapes, which are relatively cheap and require no initial outlay for equipment.
To address this, the government has introduced the Tobacco and Vapes Bill, which will be the biggest public health intervention in a generation. The Bill will ban the advertising and sponsorship of vapes and nicotine products, and allow ministers to regulate the flavours, packaging, and display of vapes so they do not appeal to children. In addition, a ban on the sale and supply of disposable vapes in England has been brought forward, with the ban expected to come into force on 1 June 2025.
Retailers who sell vaping products to under-18s can be reported to local authority Trading Standards via the Citizens Advice online portal. It is also illegal for adults to buy vaping products on behalf of under-18s.
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Frequently asked questions
No, vaping is not considered smoking by law in the UK. However, the UK government has introduced the Tobacco and Vapes Bill to regulate the sale and use of vaping products. The bill aims to reduce the harm caused by smoking and vaping, particularly to children and vulnerable groups.
The Tobacco and Vapes Bill includes the following measures:
- A ban on the sale and supply of disposable vapes in England, Scotland, Wales, and Northern Ireland from 1 June 2025.
- Powers to make most public places and workplaces that are smoke-free also vape-free.
- A ban on the advertising and sponsorship of vapes and nicotine products.
- Powers for ministers to regulate the flavours, packaging, and display of vapes to make them less appealing to children.
- The creation of a dedicated licensing scheme for the retail sale of tobacco and vaping products in England, Wales, and Northern Ireland.
Yes, vaping in enclosed public spaces is subject to local laws, similar to smoking regulations. This means that in many areas, vaping indoors is prohibited. Additionally, it is important to be considerate of those around you when vaping outdoors or at outdoor events. Vaping is banned on public transport and in some workplaces and public spaces, mirroring traditional smoking rules.
