Minister Nesbitt welcomes ‘landmark’ Tobacco and Vapes Act

The Health Minister has welcomed the UK Government's announcement that the Tobacco and Vapes Act has now passed into law.

The Act, which extends to Northern Ireland, will see a smoke-free generation by making it illegal to sell tobacco to anyone born on or after 1st January 2009, taking effect from next year.

From 29th October 2026, it will also be illegal to sell non-nicotine vapes and other nicotine products to under 18s. The legislation will provide new powers to reduce the harm from second-hand smoke and improved regulation of retailers of vapes and nicotine products.

Health Minister Mike Nesbitt said: “Tobacco is uniquely harmful; no other consumer product kills two thirds of its users. Smoking is the leading cause of preventable illness and premature death, killing over 2,000 people every year in Northern Ireland. It is also a major cause of health inequalities, with the lung cancer rate in our most deprived areas two and a half times that of the least deprived.

“The Tobacco and Vapes Act is a landmark public health milestone, creating a smoke free generation for our children and young people. This significant piece of legislation will save lives and protect future generations from the harm of tobacco and nicotine addiction. This will also reduce the long-term pressure on Health and Social Care (HSC) services.”

In Northern Ireland, 15% of all 11 - 18 year olds vape, a trend which Chief Medical Officer Professor Sir Michael McBride has called concerning. He said: “The rise in the use of vapes among young people is concerning given the evidence of a gateway effect between vaping and subsequent cigarette use.

“Vapes carry the risk of addiction and the long-term risks will not become apparent for some time. The consumption of nicotine in children and young people can impact on brain development, leading to long-term consequences such as learning and anxiety disorders. This Act will protect our children and young people from the harm that nicotine causes.

“We also want to support those who are already dependent on nicotine. I would encourage anyone who smokes or vapes to use this opportunity to join the smoke-free generation and quit. There is no safe level of tobacco consumption, all tobacco is harmful. You can get help to stop smoking with HSC services in Community Pharmacies, GP Practices and local Trusts.”

The Department of Health will continue to engage with key stakeholders, who have demonstrated unwavering support for the Bill and in taking action to address this important public health challenge.

The Department of Health will also continue to work collaboratively on a four nations' basis to implement the provisions of the Tobacco and Vapes Act, aligning policies where appropriate.

Dr Joanne McClean, Director of Public Health at the Public Health Agency (PHA), said: “Tobacco and nicotine addiction remains a serious public health issue and concerns are also growing about the rise in vaping among young people. Evidence shows that many have never previously smoked, increasing the risk of nicotine addiction and widening future health inequalities. The PHA welcomes this important legislation, which represents a significant step forward in protecting future generations from the harms associated with tobacco and nicotine use.

“I encourage people to use this milestone public health legislation as an opportunity to take steps themselves to quit for good, and join the thousands of people across Northern Ireland who are making a positive change – improving their own health and protecting others from the harmful effects of second-hand smoke. In 2024/25, a total of 9,587 people were reported to have set a quit date through PHA-funded stop smoking services in Northern Ireland.

“Nicotine harm prevention must start early and addressing this requires strong collaboration across government, health services, education, communities and families. Working in partnership, we can reduce harm, tackle health inequalities and create environments that support children and young people to grow up free from nicotine addiction.”

While adults who can legally be sold tobacco today will still be able to do so, current adult smokers are being encouraged to join the smoke-free generation and quit. The PHA commissions services across Northern Ireland to support those who want to quit smoking. For local support and more information visit: https://www.stopsmokingni.info/.

The Minister added: “I recognise that legislation is only part of the solution. We must continue to work to identify the remaining challenges and actions to keep the momentum going to create a truly smoke-free Northern Ireland. I am committed to improving the health and quality of life for everyone in our society.”

Notes to editors:

1.The statistic ‘15% of all 11-18 year olds vape' comes from the PHA research into Youth Vaping in NI https://www.publichealth.hscni.net/sites/default/files/2025-05/Behavioural Insights into Youth Vaping in NI_0.pdf

2.The Northern Ireland Assembly voted in support of the Tobacco and Vapes Bill's extension to NI via a Legislative Consent Memorandum (LCM) in February 2025 https://www.niassembly.gov.uk/assembly-business/legislation/legislative-consent/legislative-consent-memorandums/tobacco-and-vapes-bill/. The Bill passed the House of Lords Report stage on 3rd March 2026, and the Third reading took place on Monday 9th March 2026. The Bill was enacted on 29th April 2026.

3.The guidance on the commencement of the Act in NI can be found here: www.health-ni.gov.uk/publications/tobacco-and-vapes-bill-documents and is summarised below:

4.From 29th October (six months following Royal Assent) the following provisions in relation to Sale and Distribution will commence:

• ban on the sale of vaping or nicotine products to under 18s (includes nicotine and non-nicotine vapes).
• ban on the purchase of vaping or nicotine products on behalf of someone under 18 (proxy purchase).
• extension of the tobacco vending machine ban to include cigarette papers, vapes and other nicotine products.
• ban on the free distribution and discount of vapes and other nicotine products.

5.On a day appointed by the NI Health Minister, the NI Tobacco Retailers Register will be extended to include businesses that sell vapes and other nicotine products.

6.From 1st January 2027, no one born on or after 1st January 2009 will be able to buy a tobacco product, herbal smoking product or cigarette papers.

7.From 1st June 2027 extension of existing tobacco advertising rules to include cigarette papers, herbal smoking products, vaping products and other nicotine products.

8.The Bill also provides a number of powers for provisions which will come into operation on a day appointed by the NI Health Minister, subject to public consultation. These include:

• regulations to extend smoke-free provisions in public outdoor places (or workplaces) and to allow for regulations making smoke-free places also vape-free and heated tobacco-free.
• restrictions regarding displays of products and prices - of tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products.
• the introduction of retail licensing provisions that will be commenced in the longer term.

9.The Bill also provides a number of powers for UK-wide provisions which will come into operation on a day appointed by the Secretary of State for Health. These include:

• extension of existing tobacco advertising rules to include cigarette papers, herbal smoking products, vaping products and other nicotine products.
• wider powers to allow for more significant changes to the tobacco and vapes notification schemes for products placed on the UK market, to improve consumer safety.
• restrictions on products and information requirements such as retail packaging, features of products, contents and flavours of tobacco products, tobacco related devices, herbal smoking products, cigarette papers, filters, vaping products, and nicotine products.

10.The Ten-Year Tobacco Control Strategy for Northern Ireland has an overall aim to create a tobacco-free society. In September 2023, a final review of the current Strategy was published and acknowledged stakeholder support for a smoke-free target date for Northern Ireland. Following implementation of the Tobacco and Vapes Bill the Department will then identify the remaining challenges, which will be the focus of a successor tobacco control strategy for NI, the scope of which will be widened to include vapes and other nicotine products. The current strategy will continue to provide strategic direction in the meantime.

11.You can see the timing, Q&A and Factfile for more information here: www.health-ni.gov.uk/publications/tobacco-and-vapes-bill-documents