Keith Mack
The use of e-cigarettes, or vapes, has been the subject of much debate and regulation in the UK in recent years. The Tobacco and Related Products Regulations 2016 ('the Regulations') became law in the UK on 20 May 2016, implementing EU rules on the manufacture, presentation, and sale of tobacco and related products. The Regulations prohibit the advertising of nicotine-containing e-cigarettes that are not licensed as medicines, with certain exceptions. In addition, the UK has introduced age restrictions on e-cigarettes, prohibiting their sale to and purchase on behalf of under-18s. The UK government has also recently introduced the Tobacco and Vapes Bill, which aims to create the first smoke-free generation and includes powers to regulate the flavours, packaging, and display of vapes.
The Law on E-Cigarettes in the UK
| Characteristics | Values |
|---|---|
| Age restriction | Prohibits the sale of e-cigarettes to under 18s |
| Advertising | The advertising of nicotine-containing e-cigarettes that are not licensed as medicines is prohibited in some media channels. Marketing communications must not be likely to appeal to people under 18. |
| Producers | Producers must notify the Secretary of State and submit comprehensive data on sales volumes, consumer preferences, mode of sale, and executive summaries of market surveys. |
| Product requirements | A description of the components of the product, including the opening and refill mechanism, a description of the production process, and a declaration that the producer bears full responsibility for the quality and safety of the product. |
| Notification scheme | The MHRA is the competent authority for the UK's notification scheme for nicotine-containing vaping products. |
| EU Exit Regulations | The Tobacco and Related Products Regulations 2016 were amended by the Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2019 and 2020 to enable tobacco and e-cigarette regulation post-Brexit. |
| Smoke-free bill | The government has introduced the Tobacco and Vapes Bill, which aims to create the first smoke-free generation and extend the indoor smoking ban to specific outdoor spaces. |
| Ban on disposable single-use e-cigarettes | Since 2025, the UK has banned the sale of disposable single-use e-cigarettes due to littering concerns, fire risks, and protecting young people's health. |
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What You'll Learn
Age restrictions
In the UK, England, Wales, Northern Ireland, and Scotland have all introduced age restrictions on e-cigarettes, prohibiting their sale to under-18s and their purchase on behalf of under-18s. The Tobacco and Vapes Bill, which is UK-wide and was developed in partnership with the Scottish Government, the Welsh Government, and the Northern Ireland Executive, will create the first smoke-free generation, meaning children turning 15 this year or younger can never be sold tobacco. The Bill will also ban the advertising and sponsorship of vapes and nicotine products, allowing ministers to regulate the flavours, packaging, and display of vapes so they do not appeal to children.
Marketing communications for e-cigarettes must not be likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture. They should not feature or portray real or fictitious characters who are likely to appeal particularly to people under 18.
In the US, the FDA extended its regulatory power in 2016 to include e-cigarettes, banning their access to minors. A photo ID is now required to purchase e-cigarettes, and their sale in all-ages vending machines is not permitted.
In Asia, several countries and jurisdictions, including Malaysia, have implemented bans on the importation, sale, and distribution of e-cigarettes. In Malaysia, e-cigarettes containing nicotine are classified as medicinal products requiring a prescription, while nicotine-free products can be sold without limitations.
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Marketing and advertising
The TRPR prohibits the advertising of nicotine-containing e-cigarettes (unless licensed as medicines) in certain media channels with potential cross-border impact, including TV, radio, newspapers, magazines, and sponsorship. The Advertising Standards Authority (ASA), an independent regulator, is responsible for ensuring compliance with the Advertising Codes and the TRPR. The Committee of Advertising Practice (CAP), a self-regulatory body endorsed by the ASA, sets out specific rules for e-cigarette advertising in the ASA CAP Code.
Rule 22.12 prohibits advertising in online media, but allows social media content for e-cigarettes in "non-paid-for space online under the marketer's control" as long as it is "factual" and not "promotional." Social media platforms are popular among adolescents and young adults, providing an ideal platform for e-cigarette brands to promote their products using aesthetically appealing imagery and videos. However, marketers must ensure that their communications are not directed at people under 18 and that no medium is used if more than 25% of its audience is under that age.
The ASA has also advised that marketing communications for e-cigarettes must not include any design, imagery, or logo style that might be associated with a tobacco brand. Additionally, people shown using e-cigarettes in advertisements must neither be nor seem to be under 25, and they may only appear in an incidental role if they are not using the product.
There is an ongoing debate over how to regulate e-cigarette advertising to strike a balance between encouraging smokers to switch to e-cigarettes and protecting non-smokers, especially children, from finding the products appealing. The UK government is committed to introducing measures to tackle the rise in youth vaping, including restricting the sale and marketing of e-cigarettes.
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Producer regulations
The Tobacco and Related Products Regulations 2016 govern the rules for e-cigarettes in the UK. These regulations were amended by the Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2019 and 2020 to enable tobacco and e-cigarette regulation post-Brexit.
Producers of e-cigarettes and refill containers must notify the Secretary of State and submit the following information:
- Comprehensive data on the producer's sales volumes in the UK, by brand and variant name.
- Any information on consumer group preferences, including young people, non-smokers, and current users.
- The mode of sale of the producer's products in the UK.
- Executive summaries of any market surveys carried out.
This information must be submitted annually by 20 May each year and must relate to the preceding calendar year.
If a producer intends to supply electronic cigarettes or refill containers, they must notify the Secretary of State and provide the following information:
- A description of the product's components, including the opening and refill mechanism.
- A description of the production process and a declaration that it ensures conformity with the relevant requirements.
- A declaration that the producer bears full responsibility for the quality and safety of the product when supplied and used under normal or reasonably foreseeable conditions.
If an electronic cigarette or refill container is modified, the producer must notify the Secretary of State of the changes.
Producers must also comply with the Tobacco and Vapes Bill, which aims to create the first smoke-free generation by prohibiting the sale of tobacco to children born this year or later. It also empowers ministers to regulate the flavours, packaging, and display of vapes so they do not appeal to children.
In addition, producers must adhere to marketing regulations. The advertising of nicotine-containing e-cigarettes that are not licensed as medicines is prohibited in certain media channels. Marketing communications must be socially responsible and must not promote any design, imagery, or logo style associated with a tobacco brand. They must also clearly state if the product contains nicotine and must not encourage non-smokers or non-nicotine users to use e-cigarettes.
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Public spaces
In the UK, the use of e-cigarettes in public spaces is not prohibited by law. However, some local and state jurisdictions have enacted laws that ban e-cigarette usage in places where smoking is prohibited. This includes certain restrictions for e-cigarette use in UK airports and trains.
In 2015/16, the Welsh Government attempted to introduce controls on the use of e-cigarettes in public places, but the Bill was rejected by the Welsh Assembly.
The UK government has introduced the Tobacco and Vapes Bill, which aims to create the first smoke-free generation by prohibiting the sale of tobacco to children turning 15 or younger. The Bill also grants powers to extend indoor smoking bans to specific outdoor spaces, such as children's playgrounds, outside schools, and hospitals in England.
Additionally, the government intends to make most public places and workplaces that are smoke-free also vape-free. The Bill will also ban the advertising and sponsorship of vapes and nicotine products, allowing ministers to regulate flavours, packaging, and displays to make them less appealing to children.
The Tobacco and Vapes Bill is UK-wide and has been developed in collaboration with the Scottish Government, the Welsh Government, and the Northern Ireland Executive. It aims to address the UK's stark health inequalities, with smoking being one of the leading causes.
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International policies
In the US, the FDA has been regulating e-cigarettes as tobacco products since 2016, allowing it to reduce their availability to young people and enforce safety requirements for manufacturers. However, there has been criticism of the FDA's approach, with some arguing that it does not go far enough to protect youth from the potential harms of e-cigarettes. In 2018, the US Department of Transportation banned the use of e-cigarettes on commercial flights to and from the US. As of 2016, the US Navy was also considering banning e-cigarettes.
In the UK, e-cigarettes have been licensed as medicines, and the government has promoted them as a safer alternative to tobacco. Public Health England's 2015 review concluded that e-cigarettes are 95% safer than traditional cigarettes, and this has been a key message in public health campaigns. The UK has stricter regulations for e-cigarettes, including restrictions on advertising and flavour options, and requirements for child-resistant packaging.
Other countries have taken different approaches. For example, e-cigarettes were illegal in Japan, while Brazil, Singapore, Uruguay, and India have banned them. Canada has also announced plans to regulate vaping products, despite their widespread availability.
The World Health Organization (WHO) has cautioned governments about the potential risks of e-cigarettes, stating that they should be cautious until independent research clarifies the health risks and benefits.
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Frequently asked questions
The Tobacco and Related Products Regulations 2016 is the UK law that regulates e-cigarettes. It implements the European Union Tobacco Products Directive, which sets out requirements for tobacco and e-cigarette products. The law prohibits the advertising of nicotine-containing e-cigarettes that are not licensed as medicines. It also sets age restrictions, with England, Wales, Northern Ireland, and Scotland prohibiting the sale of e-cigarettes to those under 18.
Marketing communications for e-cigarettes must be socially responsible and must not contain medicinal claims unless authorized by the MHRA. They must not be likely to appeal to people under 18 and must clearly state if the product contains nicotine.
The UK government has introduced the Tobacco and Vapes Bill, which aims to create the first smoke-free generation. As part of this bill, powers will be granted to make most public places and workplaces that are smoke-free also vape-free. This includes potential extensions of the indoor smoking ban to specific outdoor spaces such as children's playgrounds, outside schools, and hospitals.
Producers of e-cigarettes must notify and submit specific information to the Secretary of State. This includes sales volume data, consumer group preferences, and executive summaries of market surveys. E-cigarettes must comply with certain product requirements, and producers are responsible for the quality and safety of their products.
