The Tobacco and Vapes Act 2026 (Age of Sale Notices and Consequential Amendments) (England) Regulations 2026
- Department: Department of Health and Social Care
- Made under: Tobacco Advertising and Promotion Act 2002, Tobacco and Vapes Act 2026
- Applies to: England, Wales, Scotland, Northern Ireland
Prescribed the dimensions for tobacco age of sale signage and updated retail display exemptions to reflect the new age of sale based on a 2009 birth date.
These Regulations establish the physical specifications for age of sale notices that tobacco retailers in England must display starting 1 January 2027.
They mandate a minimum notice size of 297mm by 420mm and a minimum character height of 21mm for the required warning statement.
Furthermore, the instrument amends existing tobacco advertising and price display regulations to align them with the Tobacco and Vapes Act 2026, replacing references to the age of 18 with a birth date requirement of before 1 January 2009 for various exemptions and access to price lists.
Arguments For
The Explanatory Memorandum states that the regulations support the 'smoke-free generation' policy by ensuring age of sale notices are clearly visible to customers and retailers.
The department reports that a smaller minimum character height (21mm) is necessary to ensure the longer mandatory statement regarding the 2009 birth date requirement can fit on a standard A3 notice.
Proponents argue that updating the age references in display and price list regulations prevents a discrepancy where individuals aged 18 or over but born after 2008 could view products they cannot legally purchase.
The government notes that 71.8% of consultation respondents agreed that age of sale notices required updating to reflect the new legislative framework.
Arguments Against
Some consultation respondents suggested that A3 (297mm x 420mm) notices are too large for certain retail environments.
Small and micro businesses may face disproportionate familiarization costs, although the department characterizes these as minimal.
The government acknowledges that further amendments may be required shortly if current consultations result in the removal of exemptions for bulk tobacconists.
Legal scholars or retailers might note that the regulations apply only to England, potentially creating varying compliance requirements for businesses operating across UK borders.
Citation and commencement
- 1.-(1) These Regulations may be cited as the Tobacco and Vapes Act 2026 (Age of Sale Notices and Consequential Amendments) (England) Regulations 2026.
- (2) These Regulations come into force on 1st January 2027.
This section establishes the official name of the regulations.
It sets the date on which all provisions within the instrument become legally effective as 1 January 2027.
Extent
- 2.-(1) These Regulations extend to England and Wales, Scotland and Northern Ireland, subject as follows.
- (2) Regulations 3 and 4 extend to England and Wales.
This provision defines the jurisdictions where the regulations form part of the law.
While the entire instrument technically extends to all four UK nations, the specific requirements for age of sale notice dimensions (Regulations 3 and 4) are restricted to England and Wales.
Age of sale notice at point of sale: minimum size
- 3 The size of the notice to be displayed in accordance with section 5(1) of the Tobacco and Vapes Act 2026 (age of sale notice: England) must be a minimum of 297 millimetres by 420 millimetres.
This regulation mandates that the physical size of the required age of sale notice in England must be at least 297mm by 420mm.
This size is equivalent to the standard A3 paper format.
Age of sale notice at point of sale: size of statement
4 The size of the statement to be displayed on the notice referred to in regulation 3 must be such that each character is a minimum of 21 millimetres high.
This section requires that every letter or character in the mandatory age of sale statement must be at least 21mm tall.
This ensures that the text is large enough to be legible on the A3-sized notice.
Amendment of the Tobacco Advertising and Promotion (Display) (England) Regulations 2010
5.—(1) The Tobacco Advertising and Promotion (Display) (England) Regulations 2010 are amended as follows.
(2) In regulation 4 (exemption for display to third persons), in paragraph (1), for “aged 18 or over” substitute “born before 1st January 2009”.
- (3) In regulation 5 (exemption for display in bulk tobacconists)-
- (a) in paragraph (2), in sub-paragraph (b), for “under the age of 18” substitute “born on or after 1 January 2009”;
- (b) in paragraph (3), for “36” substitute “21”.
This provision updates the rules for when tobacco products can be visible in shops.
It changes the legal threshold for viewing products from being 18 years old to being born before 1 January 2009, and reduces the required character height for notices in bulk tobacconists from 36mm to 21mm for consistency with general retail notices.
Amendment of the Tobacco Advertising and Promotion (Display of Prices) (England) Regulations 2010
6 Regulation 7 of the Tobacco Advertising and Promotion (Display of Prices) (England) Regulations 2010 (price lists on request) is amended as follows-
- (a) in paragraph (1)-
- (i) in sub-paragraph (a), for “aged 18 or over” substitute “born before 1st January 2009”;
- (ii) in sub-paragraph (b), for “is aged 18 or over” substitute “was born before 1st January 2009”;
- (b) in paragraph (2)-
- (i) in the words before sub-paragraph (a), for “is aged 18 or over” substitute “was born before 1st January 2009”;
- (ii) in sub-paragraph (a), for “aged under 18” substitute “born on or after 1st January 2009”;
- (iii) in sub-paragraph (b), for “age” substitute “date of birth”.
This section amends the rules regarding price lists that contain images of tobacco products.
It restricts the provision of these price lists to individuals born before 1 January 2009 and updates the requirements for verifying a customer's eligibility from checking their age to checking their date of birth.
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