From October 29, 2026, the UK will prohibit public vape giveaways and substantial promotional discounts that meet the statutory promotion test. Ordinary price reductions are not all banned, so brands, wholesalers and retailers need to assess the offer itself rather than assume every promotion has the same status.
The Tobacco and Vapes Act 2026 covers both nicotine and nicotine-free vaping products. Its explanatory notes describe vaping products as devices and substances intended for vaping; removing nicotine does not remove an e-liquid from that definition.
Official guidance applies across England, Scotland, Wales and Northern Ireland and includes devices, e-liquids, pods and coils. Free customer samples and refillable pods offered as gifts are examples identified in that guidance.
The legal test covers giving a product or coupon to a member of the public for a promotional purpose, or with a promotional effect that the person knows or has reason to suspect will follow. It can also cover causing or permitting that conduct. The recipient does not have to be underage.
The Act provides separate territorial provisions: section 15 applies in England and Wales; Scotland has corresponding provisions in sections 8A and 8B of its 2010 Act; Northern Ireland has Article 4L of its 1978 Order.
Substantial promotional discounts are restricted to prevent businesses bypassing the giveaway prohibition by charging a token amount. An exceptionally low price therefore needs more scrutiny than an ordinary stock reduction, according to the explanatory notes.
The government guidance assesses a substantial discount against the standard selling price and the promotion’s circumstances. It provides no universal percentage threshold. Normal discounting, including reducing unsold stock in the ordinary course of business, remains possible.
Normal discounting also remains subject to existing advertising and promotion rules under Part 7 of the Tobacco and Related Products Regulations 2016 until those rules are replaced. Permission to reduce a price does not establish permission to advertise the offer through every channel.
Under the statutory definition, a coupon can be physical or electronic and redeemable alone or with something else for products, services, cash or another benefit. Public discount codes therefore need assessment under these rules, rather than being treated as automatically permitted or automatically prohibited.
The government expressly includes online and third-party promotions alongside in-store activity. Its guidance also identifies branded vape chargers as possible promotional giveaways, although chargers are generally outside the product scope.
For an online shop, a useful review starts with the offer behind each website pop-up, emailed code or social campaign: what does the customer receive, what must they pay, and who supplies the benefit? Apply the same review to offers arranged through retailers or other partners.
Treat loyalty rewards and bundles as arrangements to examine individually. Identify any free product, coupon or unusually large price reduction before deciding whether the promotion test is met. These are applications of the general rules, not separately defined statutory categories; the guidance does not give every loyalty scheme or bundle a blanket answer.
The guidance says bulk and trade discounts may still apply. That wording does not establish an unconditional exemption for every wholesale incentive. Assess the actual arrangement, including any consumer-facing promotion attached to it.
For the separate tax rules, see our UK Vaping Products Duty guide.
A specific defence applies where vaping or nicotine products, or relevant coupons, are provided under arrangements made by a public authority. The explanatory notes give NHS and local-authority smoking cessation programmes as examples. Retailers relying on this defence need the formal public-authority contract described in the guidance and must act within that service agreement.
Fixed penalty notices may be £200 in England, Wales and Scotland; Northern Ireland’s £250 notice is subject to Assembly approval.
Prosecution can carry fines and imprisonment. On indictment, penalties can include up to two years in prison, an unlimited fine, or both, as the government’s enforcement guidance explains. A fixed penalty notice should not be read as the maximum possible consequence.
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