New regulations covering the sale of tobacco, vaping, nicotine and herbal smoking products came into force in Scotland on 29 October 2026, introducing additional responsibilities for retailers under the Tobacco and Vapes Act 2026.
The changes extend existing age-of-sale restrictions, introduce new controls on promotional activity and expand registration requirements for businesses selling nicotine and herbal smoking products.
New Age-of-Sale Restrictions
Since 29 October 2026, it has been illegal to:
Sell nicotine products and herbal smoking products to anyone under the age of 18. This brings these products into line with existing age-of-sale restrictions for tobacco and vaping products, ahead of further changes to tobacco sales in January 2027.
Buy or attempt to buy these products on behalf of someone under 18. Retailers should refuse sales where they suspect proxy purchasing is taking place.
Restrictions on Promotions and Free Distribution
New restrictions on free distribution and nominal pricing are also in force.
Retailers must not give away vaping or nicotine products free of charge, offer prohibited promotional discounts, or distribute free or heavily discounted coupons intended to encourage sales.
These measures extend restrictions already in place for tobacco products and cigarette papers.
New Retail Registration Requirements
The regulations also extend Scotland's existing retail registration framework to businesses selling nicotine products and herbal smoking products.
Retailers have until 29 April 2027 to ensure they are appropriately registered, before offences relating to registration for these additional product categories come into force.
Importantly, businesses already registered to sell tobacco and/or vaping products must update their registration to include nicotine products and/or herbal smoking products if they also sell these items. Existing registrations do not automatically cover the additional product categories.
Scotland's existing fixed penalty notice regime has also been extended to cover nicotine and herbal smoking product offences, alongside other additional offences.
What Retailers Should Do Now
SGF encourages all affected retailers to review their age-verification procedures, ensure staff are familiar with the new restrictions and check that their registration details accurately reflect the products they sell.
Retailers selling nicotine or herbal smoking products should ensure their registration is updated before the 29 April 2027 deadline.
Further Guidance
Detailed guidance on the new requirements is available below:
