Quick Answer
In the UK, it is currently illegal for anyone under the age of 18 to purchase or possess e-cigarettes or e-liquids. This includes disposable e-cigarettes, cartridges and tanks. So yes, vaping is illegal for 12 year olds in the UK.
What is the legal age to vape in the UK?
The legal age to purchase and possess vaping products in the UK is 18 years old. This law came into effect in May 2016 with the introduction of the Tobacco and Related Products Regulations 2016. Prior to this, there was no age restriction on purchasing e-cigarettes in the UK. Now anyone under 18 years old cannot lawfully buy e-cigarettes or e-liquids, and it is illegal for retailers to sell vaping products to under-18s.
When did the law change to restrict under 18s from vaping?
The law changed on May 20th 2016, when the Tobacco and Related Products Regulations 2016 came into force. This implemented the EU Tobacco Products Directive which mandated a minimum age of 18 for the sale of e-cigarettes across Europe. Since this date, shops in the UK have been prohibited from selling e-cigarettes or e-liquids to anyone under the age of 18. The regulations also made it an offence for under-18s to purchase vaping products.
What is the penalty for underage vaping?
There are a few different penalties that can apply to underage vaping and purchase of e-cigarettes in the UK:
– Under-18s caught in possession of e-cigarettes or e-liquids can have these products confiscated. Police also have the power to issue a fixed penalty fine of £50 (reduced to £30 if paid within 28 days).
– Shops or individuals that sell or proxy purchase vaping products for under-18s face a fixed penalty notice of £2,500 if caught.
– Repeat offences by retailers could result in criminal prosecution and an unlimited fine.
So there are financial penalties for both underage users and any suppliers enabling underage vaping. The police also have powers to confiscate vaping devices and liquids from children.
Are there any exceptions where under 18s can vape?
There are no exceptions to the law – it is outright illegal for under-18s to purchase or possess vaping products in the UK.
The only situation where a person under 18 may legally use an e-cigarette is under the supervision of a registered healthcare professional for smoking cessation purposes. This would only apply if the vaping device was supplied by a healthcare provider, not owned by the young person themselves.
How is the law enforced on underage vaping?
Trading standards officers in local authorities are responsible for enforcing the laws on underage sales of vaping products. They have the power to conduct test purchases at e-cigarette retailers, sending in underage volunteers to attempt to buy products. If sales are made illegally, the business can face prosecution and fines.
Police also have a role in enforcing the law on underage possession of vaping devices. They may search under-18s suspected of possessing e-cigarettes and could issue fines to offenders. Police can also enter premises they suspect of selling to underage customers and confiscate stock as evidence.
In England, Public Health England (PHE) carries out surveillance of underage vaping. PHE monitors survey data and vaping trends amongst youths to identify if laws are being breached. Findings are used to recommend policy changes or targeted enforcement in problem areas.
What are the fines and penalties for shops illegally selling to under 18s?
If a shop is caught selling e-cigarettes to someone under 18, the following penalties can apply:
– A fixed penalty fine of £2,500 for the first offence.
– Criminal prosecution if the retailer commits multiple offences, potentially leading to an unlimited fine.
– Loss of licence to sell tobacco products, if the retailer is on the national register.
– Possible closure of the business for persistent illegal sales.
The local authority trading standards service has the power to issue fines, take criminal action and revoke retail licenses. Retailers can also be added to a national blacklist if they are found to regularly sell age restricted goods like alcohol and tobacco to minors.
Conclusion
Vaping is prohibited for 12 year olds and minors under 18 in the UK. It has been illegal for under-18s to purchase or possess vaping products since 2016. Both retailers and underage users face penalties if caught breaking these laws. Police, trading standards and public health officials work to enforce the age restrictions and crackdown on illegal sales. While enforcement action is taken, the clear legal situation is that vaping remains strictly banned for minors under 18 across the UK.
| Year | Legal Age to Vape |
|---|---|
| 2016 | 18 years |
| 2015 | No minimum age |
History of vaping age restrictions in the UK
Prior to 2016, there were no laws restricting the sale of e-cigarettes to minors in the UK. The vaping market operated in a largely unregulated environment after first emerging in the late 2000s. It was easy for teenagers to purchase vaping starter kits from shops and online retailers. Some public health experts raised concerns about this unrestricted access, fearing it could lead to nicotine addiction amongst youths.
In May 2016, the UK’s position changed when the Tobacco and Related Products Regulations 2016 transposed the EU Tobacco Products Directive into national law. This set a new minimum age of 18 for buying e-cigarettes, bringing vaping in line with the age limit for tobacco purchases.
The regulations made it illegal for retailers to sell vaping devices or e-liquids to under-18s. At the same time, possession of these products by minors also became unlawful. Trading standards officers in local councils were empowered to enforce the law through test purchasing and fines.
Since the age limit came into force, regular surveys have found the great majority of retailers comply and don’t sell to underage customers. But isolated cases of illegal sales still occur. In 2018, data suggested around 15% of UK vape shops had sold to minors at least once since the law changed.
Some public health experts have called for harsher penalties and more vigorous enforcement to stamp out youth access altogether. But most agree the age of 18 restriction has been a sensible measure to prevent widespread vaping amongst children.
Public health concerns about youth vaping
A major driver towards imposing an age limit on vaping was concern amongst public health bodies about e-cigarette use amongst minors. In particular, vaping risks creating nicotine addiction in young people who otherwise would not smoke.
Although vaping is widely accepted as less harmful than smoking, health experts caution against use starting at too young an age. Nicotine can impact adolescent brain development. E-cigarette aerosol also contains some toxins, albeit at lower levels than in tobacco smoke.
Before 2016, surveys showed vaping was surging amongst UK teenagers. Around 10% of 11-15 year olds in Wales reported having tried e-cigarettes in 2015. So making it more difficult to access vaping products was seen as prudent from a public health perspective.
Since under-18s have been prohibited from vaping, surveys indicate the trend has gone into reverse. Only around 2-3% of youths in Great Britain now vape regularly. This suggests the law has succeeded in curtailing uptake.
Ongoing concerns exist around newer disposable vapes, with their youth appeal and high nicotine concentrations. But in general the age of 18 limit has delivered the outcome of restricting widespread vaping access for minors.
Are parents allowed to give vaping products to their underage children?
No, it is illegal for parents or adults to purchase vaping products for minors under the age of 18. The legislation prohibits proxy purchasing on behalf of under-18s as well supplying e-cigarettes directly to children.
If parents are caught enabling underage vaping, they face the same £2,500 fixed penalty fine as shops selling to minors. It is a criminal offence to proxy purchase tobacco and related products like e-cigarettes on behalf of minors.
A statutory defence exists if an adult accidentally bought vaping products while not aware they were for a minor. But knowingly supplying e-cigarettes to underage users breaks the law, even for parents and guardians.
Law enforcement agencies advise parents that children should not use nicotine products before reaching adulthood. While vaping carries fewer health risks compared to smoking, it remains advisable not to expose teens’ developing brains to nicotine dependence.
What are the fines for under 18s caught vaping?
If a person under 18 is caught possessing or using a vaping device, the police can hit them with a £50 fixed penalty notice. This fine is reduced to £30 if paid within 28 days.
As well as the financial penalty, police will also confiscate any e-cigarettes or vaping supplies from underage users.
Repeat offences could result in fines escalating if an under-18 ignores the law. But usually a single police fine serves as an adequate deterrent against youth vaping for most first-time offenders.
Along with fines, the police may contact a minor’s parents if they are caught vaping. Parents can impose additional punishments like grounding them or removing privileges.
Overall, while a £50 fine may not seem too harsh, the legal consequences combined with parental discipline provides a strong incentive for minors not to defy the vaping age restriction.
How are age restrictions enforced in vape shops?
Vape shops and e-cigarette retailers use a few standard methods to enforce age restrictions and prevent underage sales:
– Asking customers who appear under 25 for ID – driving licenses and PASS cards are acceptable proof of age.
– Putting up warning signs stating vaping products cannot be sold to under 18s.
– Staff training on requiring ID checks for younger looking customers.
– Refusing sales if customers cannot prove they are 18+.
– Checking ID details carefully and rejecting fake or borrowed IDs.
– Operating challenge 25 policies where anyone appearing under 25 years old is asked for ID.
Retailers also maintain records of refused sales when staff decline customers unable to verify their age. Strict enforcement is important to avoid potentially heavy fines.
Test purchasing operations also motivate shops to vigilantly uphold the law. Trading standards send underage volunteers to attempt to buy vaping products. Failing such tests can lead to prosecution for illegally selling to minors.
Youth vaping trends since the UK age restrictions came into force
Data suggests the introduction of a minimum vaping age has succeeded in curbing underage e-cigarette use:
– In 2020, just 4% of 11-17 year olds reported ever vaping, down from 13% in 2016.
– Regular vaping amongst young people aged 11-15 also decreased from 2% in 2016 to 1% in 2019.
– The proportion who’ve tried vaping by age 15 dropped from 22% in 2016 to 16% in 2019.
– Most vaping minors say they get access from friends and family, with only 2% buying products directly themselves.
This implies preventing retail sales to under-18s has squeezed the supply of vaping products to adolescents. It shows the age restriction is working as intended by making youth access harder.
However, newer disposable vapes pose an emerging threat with their concealed high nicotine concentrations. Continued enforcement of age limits remains vital to prevent these discrete, youth oriented products reaching minors.
How do minors get access to vaping products?
Though age limits have made retail access harder, some under 18s still obtain vaping products illegally via:
– Friends or relatives purchasing products on their behalf.
– Stealing devices from parents, siblings or grandparents.
– Buying from unscrupulous local retailers who fail to check ID.
– Online sales – some foreign websites ship internationally with no age verification.
– Older students selling or gifting vapes to younger teens at school.
– Accessing vaping paraphernalia from their own or others’ littered waste.
So while age restrictions reduce access, they do not completely cut off all supply routes. Ongoing enforcement and education campaigns remain necessary to further restrict youth uptake.
Are vape shop staff trained to enforce age restrictions?
Yes, vape shop staff undergo specific training on upholding the law by refusing underage sales. This covers:
– Checking photo ID from any customers who appear under 25.
– Recognising valid forms of ID like driving licences.
– Spotting forged or borrowed IDs and declining suspicious purchases.
– Making sure vaping products are never sold to those unable to prove they are 18+.
– Refusing sales and returning products if an older friend tries purchasing on behalf of someone underage.
– Recording all refused sales due to failed age checks.
– Calling on managers for assistance if unsure on enforcing ID check policies.
Most vape shop staff take this training seriously, as businesses risk significant fines if caught selling products to minors. Few staff are willing to risk their employer’s licence and reputation to make an illegal sale.
How do police respond to reports of underage vaping?
Police have power to issue fixed penalty fines if they encounter under-18s in possession of or using vaping products. Their response processes include:
– Confiscating any vapes, e-liquids or accessories as evidence of the offence.
– Recording the minor’s details and issuing them with a £50 fine (or £30 if paid within 28 days).
– Informing parents or guardians their child has been fined and vaping paraphernalia seized.
– Investigating where the items were bought if a proxy purchase is suspected.
– Visiting retailers identified selling to underage youths and issuing fines.
– Referring persistent underage sales by retailers to local trading standards.
– Arresting and charging any adults caught supplying vaping products to minors.
So police aim to punish underage use via fines, while tracing and penalising the supplier enabling youth access whether a shop or proxy purchaser.
Vaping laws in other countries
The UK is not alone in imposing age restrictions – vaping laws overseas include:
USA
– Federal minimum age set at 21 years to purchase tobacco and vaping products, as of December 2019.
– Many states imposed 18+ or 21+ limits prior to the federal change.
– Penalties for minors include fines, community service, tobacco education programs.
EU
– EU Tobacco Products Directive bans under 18s buying vaping products.
– Retailers face fines up to €10,000 for underage sales in some EU states like Ireland.
Canada
– Minimum age varies between 18-21 depending on province.
– Retailers can be fined up to $15,000 CAD for underage sales.
New Zealand
– Sales banned for under 18s with fines up to $2,000 NZD for non-compliance.
So most developed countries now enforce similar age restrictions, fines and penalties to the UK system.
Should vaping be banned outright for under 18s?
There is some debate around whether bans or regulations strike the right balance on youth vaping:
Arguments for total bans
– Sends a clear message vaping is illegal and risky for youth.
– Allows punitive enforcement against even possession or use.
– Removes grey areas that may enable some underage access.
Arguments for legal regulation
– Outright bans could lead to growth of illicit underground vaping.
– Regulation enables enforcement against rogue sellers.
– Legal vaping may deter some youths from cigarette smoking.
– Vaping is still preferable to tobacco for those who may smoke anyway.
There are merits on both sides of the debate. But the evidence since 2016 suggests setting clear legal age restrictions, combined with robust enforcement, can successfully deter the majority of underage vaping without needing outright bans.
How can parents prevent underage children accessing vaping products?
Parents play a crucial role in preventing illegal underage vaping. Recommended strategies include:
– Having open and frank discussions about vaping risks.
– Setting clear expectations that vaping is unacceptable and illegal before adulthood.
– Not using or leaving vaping products where children can access them. Keeping them securely locked away.
– Monitoring children for any signs of vaping or nicotine addiction.
– Getting to know friends who may be a bad influence and source of vapes.
– Searching bedrooms and bags for illicit vaping devices.
– Making it clear you will enforce serious discipline if vaping occurs like grounding them or removing privileges.
– Working constructively with schools if vaping incidents arise to tackle problems.
– Seeking support from family and youth counselling services if needed.
While children may sometimes defy restrictions, parents taking an active stance sends the message vaping risks serious consequences at home as well as fines from police.