New tobacco and vape regulations

What businesses need to know before January 2027

Stanley Stephens, Solicitor

The Government has laid two further sets of draft regulations under the Tobacco and Vapes Act 2026, which if approved by parliament will come into force on 1st January 2027.

What are the key changes?

1. Age verification requirements

Businesses selling tobacco or vape products in England and Wales will only be able to rely on the statutory defence to underage sales if they take specified age verification steps. Sellers must either:

• Inspect a genuine physical ID document showing the customer’s photograph, date of birth and relevant security features; or
• Use a digital identity verified through a registered digital verification service provider.

2. Tobacco display rules updated

The regulations also update existing tobacco display restrictions to align with the 2026 Act’s new “smokefree generation” measures. Rather than referring to whether a person is over or under 18, the legislation governing tobacco advertising will now refer to a person’s date of birth, reflecting the ban on tobacco sales to anyone born on or after 1 January 2009.

What should vape and tobacco businesses do now?

Businesses should start reviewing their age verification processes ahead of January 2027 and consider:

• Whether existing Challenge 25 and ID-checking procedures satisfy the new requirements.
• Whether digital age verification solutions should be adopted.
• Staff training and record-keeping processes.
• Updates to compliance policies, retail guidance and contractual arrangements with distributors and retailers.

If your business manufactures, distributes or sells vape products, now is a good time to review your compliance procedures before the new regime takes effect.