The UK government’s Tobacco and Vapes Bill is being presented as a landmark piece of public health legislation. It sets out to create a smoke-free generation, reduce youth vaping, and align vaping regulations across the UK. On the surface, it’s hard to argue with the ambition.
But underneath the policy headlines lies a far more significant shift – one that has received far less attention.
This Bill doesn’t just regulate. It changes the rules of how regulation works. It gives ministers the power to change the law without Parliament.
And that should concern anyone operating in the tobacco or vaping industry.
What the Bill Actually Does
Here’s a brief summary of the core changes:
- A permanent ban on selling tobacco to anyone born on or after 1 January 2009.
- A full advertising ban on vapes and nicotine products, modelled after tobacco restrictions.
- Prohibition of vape and nicotine product sales (including non-nicotine vapes) to under-18s.
- New powers to regulate packaging, flavours, displays, and more.
- The introduction of a retail licensing scheme and mandatory product registration.
- The ability to designate outdoor areas like schools and hospitals as smoke-free and vape-free zones.
Most of these are familiar ideas. But the real issue isn’t the headlines – it’s the hidden infrastructure beneath them.
The Real Shift: Government Can Now Rewrite the Rules
The 2025 Bill includes 66 new regulation-making powers. Fifteen of these are “Henry VIII powers,” which allow the government to amend or override primary legislation without returning to Parliament.
That means ministers can change how the industry operates – at any time – without a full legislative process, a public debate, or even a meaningful consultation period.
Today, the rules might say a particular flavour, display format or refillable device is allowed. Tomorrow, it could be banned without warning.
Proposed Packaging Changes: A Warning Sign for Brand Owners
One of the most immediate and impactful areas of regulation will be packaging – and the government now holds the power to dictate nearly every element of it through secondary legislation.
Here’s what’s likely to change:
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Plain packaging or muted colour schemes will be mandated. Bright, colourful designs will likely be banned.
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No child-appealing visuals – including cartoons, illustrations, glossy textures, or fantasy-inspired branding.
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Flavour descriptors may be restricted to generic terms (e.g. “berry” or “mint”), banning names like “cotton candy” or “unicorn ice”.
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Health warnings will need to be prominently placed, potentially covering up to 65% of the packaging.
- A clear 18+ icon will be compulsory on all products.
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Point-of-sale visibility may be eliminated, requiring products to be kept out of public view.
Retailers and brands are facing a future where design, identity, and customer appeal could be stripped down to the bare minimum – regardless of their harm reduction mission or adult-only audience.
The challenge here isn’t just the rules themselves, but the fact that they can be introduced at speed, without direct consultation, and with minimal lead time for brands to respond.
This makes long-term packaging design, supply chain planning, and customer engagement inherently risky.
How It Differs from the 2023 Bill
The previous Tobacco and Vapes Bill, introduced by the Conservative government in 2023, had similar goals but far fewer delegated powers. It sought parliamentary agreement on key issues.
The 2025 version introduced by the Labour government goes further – significantly expanding ministerial authority to change laws through regulation, not debate.
This shift centralises control and removes many of the checks and balances that protect industries and consumers from policy swings driven by ideology or media pressure.
Why This Matters Beyond Politics
While there’s broad agreement on the need to reduce smoking and protect young people from addiction, how we get there matters. The mechanisms behind legislation shape the market as much as the policies themselves.
Granting sweeping regulatory powers opens the door to:
- Rapid, untested policy changes without industry consultation
- Political posturing over evidence-based health outcomes
- Ongoing instability for manufacturers, retailers, and consumers
This doesn’t just affect public health. It affects economic certainty, innovation, and the accessibility of harm-reduction tools.
What Needs to Happen Now
The industry can’t afford to be reactive. It needs to:
- Demand transparency and clear timelines on upcoming secondary legislation.
- Engage across the sector to ensure unified, evidence-based responses to new regulations.
- Work with harm-reduction advocates to prevent knee-jerk policies that could push ex-smokers back toward cigarettes or fuel an illicit market.
The Tobacco and Vapes Bill is not just a health policy. It’s a legislative framework that quietly shifts how decisions are made – handing long-term control of the industry to ministers without requiring further votes or scrutiny.
For anyone in the business of helping smokers quit or shaping the future of vaping in the UK, this isn’t a footnote. It’s the story.
And it’s just getting started.
