And anyone selling vaping, tobacco, nicotine and herbal smoking products must hold a valid registration by 29th 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 Maree Todd 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.”
The ban forms part of Tobacco and Vapes Act 2026 and will also include a ban on the sale of nicotine products and herbal smoking products from vending machines and substantial discounts on nicotine products will also be against the law.
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.
Chief Medical Officer Gregor Smith 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.”
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