The Tobacco and Vapes Act 2026 has been passed into law, marking the most significant public health reform in a generation.

The legislation, which received royal assent today, makes it illegal to sell tobacco to anyone born on or after 1 January 2009, with the aim of creating the UK's first smoke-free generation.

Smoking remains the leading preventable cause of death in the UK, responsible for about 80,000 deaths every year, and is a major driver of cancer, heart disease and stroke – placing a significant burden on the NHS and the wider economy.

10 Year Health Plan

James Arrowsmith, Partner specialising in social care at Browne Jacobson, added: “Measures like this are hugely important to health and care systems, in the context of healthy life expectancy decline.

“Drivers of poor health have become a major concern point in social care given the unhealthy years are when the care system must step in. Recent government strategies like the 10 Year Health Plan emphasise the need for the shift from curative to preventative healthcare, and measures on smoking and other determinants of health will be key to delivering this.”

Impact on health estates

Victoria Thourgood, Partner specialising in health and care real estate at Browne Jacobson, said: “The Act gives powers to strengthen smoke-free protections in certain public places, particularly to protect children and medically vulnerable people from second-hand smoke.

“A government consultation launched in February on proposals to extend existing indoor smoke-free places to certain outdoor settings, as well as to introduce new heated tobacco and vape-free places, remains live.

“NHS estates teams, integrated care systems and local authorities should be planning ahead now, rather than waiting for those consultation outcomes to be published.

“This new law also signals something broader for preventive legislative intervention across other sectors. Whether or not this comes to pass, the regulatory direction of travel is clear: the government is prepared to use primary legislation to shape individual behaviour in the interests of population health.

“For businesses in regulated industries, understanding and anticipating this direction of travel is increasingly central to long-term business planning."

Council resourcing key to enforcement

Peter Ware, Head of Government at Browne Jacobson, said: “The comprehensive licensing scheme for retailers selling tobacco and vape products will support councils in preventing underage sales and curbing the illicit market.

“But as the Local Government Association has rightly noted, legislation alone is not sufficient – councils must be properly resourced to enforce the new regulations and deliver stop smoking services. The resourcing question will be one of the most contested implementation issues of the coming months, and local authorities need to be thinking about this now.”

New compliance expectations 

Katharine Mason, Principal Associate and consumer regulatory lawyer specialising in advertising law at UK and Ireland law firm Browne Jacobson, said: “The Tobacco and Vapes Act was given royal assent today, meaning that key elements will be coming into force in six months.

“If retailers and advertisers haven’t started to prepare for the changes yet, now’s the time. We’ll also be looking out for changes to the UK Advertising Codes enforced by the Advertising Standards Authority to ensure they align with the legal requirements.

“The Act introduces bans the advertising and sponsorship of vapes and nicotine products, closing the gaps in existing restrictions and gives ministers powers to limit their packaging, branding and displays that are designed to appeal to children.

“It also introduces stronger enforcement powers, including the ability to implement a retail licensing scheme and to tackle illicit sales of tobacco and electronic cigarettes. We’re still awaiting secondary legislation on the detail in relation to all the commencement dates and implementation, but six months is not a long time to get prepared.”