- Changes to protect young people from nicotine addiction
Under-18s will no longer be able to buy nicotine or herbal
smoking products in Scotland, under new legislation which comes
into force today (29 October).
The ban to protect children and young people from the harms of
nicotine addiction, extends the protections in age-of-sale rules
to all nicotine products, including pouches, strips and pearls,
as well as herbal smoking products.
The new rules for Scotland also require anyone selling vaping,
tobacco, nicotine and herbal smoking products to hold a valid
registration by 29 April 2027. Once in force, it will mean
Scotland will become the only nation in the UK to know exactly
where these items are being sold.
Public Health Minister said: We want to protect future
generations from nicotine addiction and we know that nicotine
products, particularly pouches, are starting to gain popularity
among young people.
By banning the sale of these products to under-18s, the Scottish
Government is taking a crucial step in protecting people's
health. This in turn is helping people across Scotland to live
longer, healthier lives.
Requiring tobacco and vape retailers to register their business
to sell nicotine and herbal smoking products, will also provide a
strong foundation for effective regulation and enforcement of the
sale of these products in Scotland. I want to thank all of the
retailers who have already registered and remind others they must
to do so before the deadline next April.
Chief Medical Officer Gregor said: Nicotine is a highly
addictive substance that can lead to dependence and withdrawal
symptoms including depression, difficulty concentrating and
insomnia.
Whilst vapes may have a role to play in assisting addicted people
to stop smoking, it is very clear to me that those who do not
smoke should never start using nicotine products and this
especially applies to children and young people.
I welcome these new age of sale restrictions on nicotine and
herbal smoking products which and will help reduce the health
harms associated with nicotine addiction and address health
inequalities in Scotland.
Background:
The ban forms part of Tobacco and Vapes Act 2026.
Local authorities will be responsible for enforcing the
regulations.
Legislation restricting the sale of nicotine products,
non-nicotine vaping products and herbal smoking products to
under-18s in England, Wales and Northern Ireland has also come
into force today. All vaping products are already age restricted
products in Scotland.
Key changes in Scotland include:
- Age of sale for nicotine products and herbal smoking
products. Only people aged 18 and over will be able to purchase
these products
- Proxy purchase extended to cover adults aged 18 or over
from buying or attempting to buy nicotine products and herbal
smoking products on behalf of someone under 18
- Retail register will be expanded to include nicotine products
and herbal smoking products. Retailers have from 29 October 2026
to 29 April 2027 to register before enforcement starts
- Free distribution. It will be an offence to give away any
vaping or nicotine product, or coupon, to a member of the public
- Substantial discount (sometimes known as nominal pricing). It
will be an offence to sell vaping or nicotine products or coupons
for these products at a substantial discount
- Vending machines will no longer be able to sell nicotine
products and herbal smoking products
