The UK’s Tobacco and Vapes Bill has returned to the House of Lords for further scrutiny, as MPs and peers enter the final stages of parliamentary “ping pong” and pressure mounts from retailers and industry over its potential impact.
The legislation, which aims to create the first “smoke-free generation”, would ensure that anyone born on or after January 1, 2009 can never legally be sold tobacco. It also gives ministers sweeping new powers to regulate products, packaging and information requirements for tobacco, vapes and related products.
Final stages in Parliament
Peers considered Commons amendments on April 20, marking another step towards final approval. The bill has already undergone extensive scrutiny, including committee stage debates, report stage discussions and a third reading in the Lords earlier this year.
Before becoming law, both the House of Commons and House of Lords must agree on the final wording.
As part of the proposed legislation, it would become illegal to sell tobacco, herbal smoking products or cigarette papers to those covered by the generational ban. Adults who purchase vaping or nicotine products on behalf of underage users could also face fines.
Ministers would also gain powers to control the “flavours and substances in smoking products, including vapes, along with the appearance, size, texture and shape of packaging”.
Retailers warn of illicit market surge
However, the bill is facing growing opposition from small business owners, with more than 1,000 retailers writing to the Prime Minister urging changes before it becomes law.
They argue the measures could have unintended consequences, warning the legislation would “supercharge the illicit tobacco and illegal vape market, escalate retail crime, and leave legitimate shopkeepers out of pocket, while doing little to achieve its stated public health aims”.
Concerns have also been raised about the practical challenges of enforcing a generational smoking ban at the till, with some warning it could increase confrontation and the risk of abuse towards shop workers.
New tax to push up prices
The bill’s progress comes as millions of smokers and vapers face a “double whammy” of price increases later this year.
A new Vaping Products Duty, due to take effect from October 1, 2026, will add a flat rate of £2.20 per 10ml to all e-liquids, regardless of nicotine strength. This could see the price of a 50ml bottle rise from £11.99 to £25.20 including VAT.
At the same time, tobacco duty will rise by inflation plus two percentage points, alongside an additional £2.20 per 100 cigarettes and £2.20 per 50g of tobacco.
Public health vs harm reduction
Health minister Baroness Merron defended the legislation, telling peers: “Smoking’s the number-one preventable cause of death, disability and ill health, and tobacco claims around 80,000 lives every year.
“And whilst tobacco remains the greatest threat, this legislation is about protecting future generations not only from the harms of tobacco but from nicotine addiction.”
But industry figures say regulation must strike a careful balance.
Jamie Strachan, operations director at VPZ, said: “Responsible regulation is essential to protect young people… while ensuring adult smokers can still access safer alternatives to combustible tobacco.”
Study to track real-world impact
As the debate over potential unintended consequences intensifies, a major new UK study led by researchers at King’s College London will track whether tighter vaping regulations risk pushing some users back to smoking.
The project will build on the long-running Smoking Toolkit Study, adding new questions to a monthly survey of around 1,700 people in England between April 2026 and December 2027.
It will examine how often people try to quit vaping, how successful they are, and how they may respond to measures such as flavour bans, plain packaging and higher taxes.
Crucially, the research will also track what happens to smoking behaviour when people attempt to stop vaping – including whether policy changes could have unintended effects, such as a return to cigarettes.
The findings are expected to provide real-time evidence on the impact of the Tobacco and Vapes Bill once it comes into force.
Scotland signals further restrictions
In Scotland, the Scottish National Party (SNP) has also signalled plans to go further, pledging to ban the display of vaping products in shops if re-elected.
The proposal would bring vape retail rules more in line with existing tobacco restrictions and could be enabled through powers in the UK bill, as part of wider efforts to reduce youth appeal and tighten controls on nicotine products.
