What are the UK Regulations on Vaping?
Regulations on vaping in the UK can be challenging to understand fully. There are numerous grey areas. Some places or situations may not necessarily have legal guidelines, but companies or individuals prohibit vaping. Local laws may also only cover specific regions, not the entire country.
Knowing the UK regulations can help you use in compliance with the law. These laws exist for consumer and public safety. Here’s what you need to know.
The Basics: Overview of UK Vape Laws
While regulations seem in constant flux, most existing laws focus on age restrictions, advertising, and vape strength. Laws concerning how vapes and e-liquids are manufactured and sold are clear and highly controlled, whereas regulations concerning vapers — apart from age restrictions — are far more opaque.
Several laws affecting vape users are also regulations placed on products that only partially cover vaping products. As the UK government aims to meet its goals for a smoke-free nation by 2030, laws like the Tobacco Products Directive have also indirectly affected vaping.
What is the Tobacco Products Directive?
The Tobacco Products Directive or European Tobacco Products Directive is a directive of the European Union that entered into force in 2014. It became applicable to all memberstates in 2016. It effectively placed current limits on selling and merchandising tobacco and tobacco-related products in the EU.
A core aspect of it was limiting the capacity of e-cigarette refill tanks to 2ml and the maximum volume of nicotine e-liquids to 10ml. Nicotine e-liquids were also limited to 20 mg/ml and required any product with nicotine to come in a package resistant to child tampering.
Vaping in Public Areas
There are currently no governmental laws regarding vaping in public areas, but that doesn't mean you can do it regardless. It is clear that while there may not be official regulations in place, vaping in public is becoming less and less accepted, especially in confined spaces and privately owned establishments.
Many public areas or establishments have implemented their own vaping rules, which you should always follow.
Pubs and Bars
Again, there is no law per se concerning vaping in pubs or bars, but many establishments view it like smoking and will ask you to vape outside. Some pubs and bars allow it, so if in doubt, just ask somebody behind the bar before you start vaping away.
Music and Sports Venues
Vape use in music and sports venues is up to the venue's owner. Most major sporting stadiums have implemented a strict ban on vaping, while music venues tend to be a mixed bag.
These are the places where if you're considerate to those around you and don't constantly fill the place with vape cloud, you can get away with it.
Vaping in the Car
Here's where things get a little confusing. Technically, it's not illegal to smoke in your car, but it is illegal to obstruct the driver's view. Therefore, if you were to blow a dense vape cloud out of your vehicle just as a police car passed by, they could pull you over. They can fine you up to £5,000 and tack on a possible 9 points on your licence. If you're vaping in your car, it's best to keep a window open and let that vapour out.
Vaping on Public Transport
Once again, there are no national laws about vaping on public transport, but most bus or train operators have prohibited it. Most rules often also cover stations and even platforms.
When it comes to vaping on an aeroplane, don't even try. If you pull out your vape at 35,000 ft, you'll likely be met on the ground by the police and an eye-watering fine for your troubles.
Vape Product Restrictions
While regulations on vaping itself are a little hazy, guidelines relating to production, e-liquid strength, and retail are pretty robust and firmly enforced. These laws fall under the Tobacco and Related Products Regulations (TRPR), which took effect in 2016.
Tank Capacity
By law, the maximum capacity of any vape tank should not exceed 2 ml. That capacity also covers disposable e-cigarettes and single-use cartridges. E-Liquid refill bottles with nicotine must stay below 10 ml per bottle.
E-liquid Strength
E-Liquids containing nicotine must not exceed 20mg, while the lowest available is 3mg. It is worth noting that illegal e-liquids often have a strength of well over 20mg, though the government is attempting a major clampdown on these sales.
Manufacturing Regulations
Every vape legally sold in the UK must have approval from the Medicines and Healthcare Regulatory Agency (MHRA). This independent body is responsible for monitoring the safety and quality of vaping products.
Companies must submit toxicology and emissions data six months before the planned sale to the MHRA. Only products that get the appropriate tick of approval from the MHRA will gain entry into the UK market.
Vaping Age Restrictions
Age restrictions to prohibit underage vape use is one area that remains crystal clear. It is illegal for anybody under 18 to purchase or use a vape containing nicotine, while anybody selling a vape or e-liquid to somebody under 18 is liable for prosecution and a £2,500 fine. It is also illegal to purchase products on behalf of a minor, known as proxy purchasing.
Frequently Asked Questions
Where are You Prohibited From Vaping in the UK?
There are no legal prohibitions on where you can and can't vape. Still, many companies or establishments have implemented regulations. They aren’t technically laws, but it is advisable to respect them as such.
What Are the Laws on Vaping Indoors in the UK?
There are no laws explicitly relating to vaping indoors in the UK. Each establishment or indoor space has the right to apply its guidelines regarding vaping, but it's becoming rarer to find indoor spaces that haven't banned vaping.
Final Thoughts
There will likely be much more comprehensive laws relating to where you can and can't vape in ten or twenty years, but until then, a grey area remains. Most private companies have implemented prohibitions on vaping, so if in doubt, consult a staff member and be mindful of others around you.
