Current Region:
Global

Vaping sites

Across the United Kingdom, the sale of vaping products is strictly age-restricted. Online retailers are subject to explicit legal duties to prevent access by under-18s and to operate effective age verification systems.

Minimum age and proxy sales

It is illegal throughout the UK to:

• Sell vape products, including e-liquids and devices, to anyone under 18
• Buy or attempt to buy vape products on behalf of someone under 18 (proxy sales)

These offences apply equally to in-store and online sales.

Online age verification requirements

Online age verification is not optional for vape retailers.

England and Wales

Sales to under-18s and proxy sales have been illegal since 1 October 2015.
While the original legislation did not prescribe a specific verification method, regulators now expect robust online age verification as a matter of enforcement practice.

Scotland

Since 1 April 2017, it has been illegal to:

• Sell vape products to under-18s
• Facilitate proxy sales
• Operate an online vape retail service without an age verification process
• Sell vape products via vending machines

In addition, since 1 October 2017, vape retailers must be registered on the Nicotine Vapour Products Register.

Northern Ireland

Since 1 February 2022, it has been illegal to:

• Sell vape products to under-18s
• Facilitate proxy sales
• Operate an online vape retail service without an age verification process
• Sell vape products via vending machines

Taken together, this means that every UK nation now explicitly requires online age verification for vape sales.

What is not sufficient

Across the UK, regulators have made clear that the following are not sufficient to meet legal requirements:

• Self-declaration or “tick-box” age confirmation
• Reliance on payment method alone
• Terms and conditions without enforcement

Retailers are expected to take all reasonable steps to prevent under-18 access.

Our view

Vaping sites operating in the UK are under a clear and unified legal obligation to prevent sales to under-18s.

Online age verification is now:

Explicitly required in Scotland and Northern Ireland
Effectively mandatory in England and Wales
• Reinforced by data protection and child-safety law across the UK

We therefore consider age verification to be essential for all online vape retailers. Given the regulatory and reputational risks involved, we recommend at least a standard level of age assurance as the minimum defensible approach.


PLEASE NOTE
This website does not constitute legal advice. You should always seek independent legal advice on compliance matters.

Skills

Posted on

May 17, 2021

Submit a Comment