Open call for evidence

Tobacco and vapes: evidence to support legislation

Published 8 October 2025

Introduction

The case for change

People deserve to live in a fairer UK, where everyone lives well for longer. By addressing the main underlying causes of ill-health and tackling persistent inequalities in health, we will put the NHS on a sustainable footing for the future and create a healthier country.

As outlined in the government’s 10 Year Health Plan for England, our ambition is to create a smoke-free UK and to shift the dial from sickness to prevention. Bringing smoking prevalence to essentially zero during the expected lifetime of a child born today will prove transformative for our health, as well as the NHS’s financial sustainability and the economy. We want to see fewer lives being lost to the biggest killers, including cancer, cardiovascular disease and stroke, all of which can be caused by smoking. This means enabling people to better manage their health and care and ensuring that we have appropriate measures and services in place to help do that.

Respondents to this call for evidence should be aware that we will also launch a separate consultation at a later date on proposals for:

• smoke-free, vape-free and heated tobacco-free places
• rules on the display of products
• restrictions to elements of devices such as branding and colour
• the packaging of tobacco products
• the packaging of vape and nicotine products

On these topics, we consider there to be enough evidence to progress straight to consultation. The topics in this call for evidence need further information to help inform proposals for a future consultation.

Effects of smoking

Tobacco is a uniquely harmful product. Smoking is the single most entirely preventable cause of ill health, disability and death in the UK. It is responsible for around 80,000 deaths a year, including around:

• 64,000 deaths each year in England (as reported by the Department of Health and Social Care’s Smoking profiles)
• 8,900 deaths each year in Scotland (as reported by the Scottish Public Health Observatory’s Tobacco use: smoking attributable deaths)
• 5,600 deaths each year in Wales (as reported by the Public Health Wales’ Smoking in Wales report)
• 2,200 deaths each year in Northern Ireland (as reported in the Northern Ireland Department of Health’s Ten year tobacco control strategy for Northern Ireland)

No other consumer product kills up to two-thirds of its users. The Office for National Statistics’ Adult smoking habits in 2023 reported that 6.4 million people aged 18 years or over in the UK were current smokers. This was 11.9% of people in the UK and:

• 11.6% in England
• 12.6% in Wales
• 13.3% in Northern Ireland
• 13.5% in Scotland

Smoking causes harm throughout people’s lives, not only for smokers but for people around them. It is a major risk factor for poor maternal and infant outcomes, significantly increasing the chance of stillbirth and asthma in children.

Smoking causes around 1 in 4 of cancer deaths in England (NHS England, 2023) and is responsible for the great majority of lung cancer cases. Smoking is also a major cause of premature heart disease, stroke and heart failure, and increases the risk of dementia (Livingston and others, 2020). Smokers lose an average of 10 years of life expectancy, or around 1 year for every 4 smoking years (Le and others, 2024).

As a result, smoking puts significant pressure on the NHS. In England, for example, almost every minute of every day someone is admitted to hospital because of smoking. Analysis by Cancer Research UK has shown that up to 75,000 GP appointments could be attributed to smoking each month, which is equivalent to over 100 appointments every hour.

Smoking also causes socioeconomic and geographic inequality in health outcomes. A total of 230,000 households in the UK live in smoking-induced poverty (Nyakutsikwa and others, 2022) and the children of smokers are 3 times more likely to start smoking (Turner-Warwick, 1992), perpetuating the cycle of disadvantage.

Three-quarters of smokers wish they had never started smoking (Nayak and others, 2017) but are unable to quit due to the addictive nature of tobacco. In a YouGov poll for Action on Smoking and Health (ASH) in May 2025, 71% of adults supported the goal to “make Britain a country where no one smokes”.

Vapes and nicotine products

Vaping is less harmful than smoking and can play a role in helping adult smokers to quit. For this reason, the government’s advice on smoking is clear: if you smoke, you should switch to vaping. But if you don’t smoke, don’t vape, and children should never vape.

However, despite this and the fact that nicotine vapes should only ever be sold to people aged 18 or older, the ASH 2025 youth survey found that among 11 to 17 year olds in England regular vaping more than doubled between 2021 and 2022, and in 2025 1 in 5 have tried vaping.

Evidence shows that this growth in youth vaping in Great Britain (England, Scotland and Wales) has been caused by marketing (Smith and Hilton, 2023). This includes the wide range of flavours, colourful packaging and displaying these products in prominent shop locations, sometimes alongside confectionery.

There is also emerging evidence of increased use of nicotine products, such as nicotine pouches, among young people in Great Britain, particularly younger men (Brose and others, 2025). This is especially concerning given that young brains and lungs are particularly susceptible to the effects of nicotine compared to adults.

The Tobacco and Vapes Bill

The Tobacco and Vapes Bill is currently being considered by Parliament. The provisions of the bill, together with the new regulation-making powers it will provide, will help us achieve our ambition for a smoke-free UK and protect future generations from the harms of nicotine. The bill will enable us to:

• create a smoke-free generation, gradually ending the sale of tobacco products across the country and breaking the cycle of addiction and disadvantage
• strengthen the existing ban on smoking in public places and introduce vape and heated tobacco-free places to reduce the harms of passive smoking in certain outdoor settings, particularly for children and vulnerable people
• stop vapes and nicotine products from being deliberately promoted and advertised to appeal to children to stop the next generation from becoming addicted to nicotine through restrictions on product features, ingredients and flavourings, among other things
• provide powers to introduce a licensing scheme for the retail sale of tobacco, vapes and nicotine products in England, Wales and Northern Ireland (the Scottish Government is improving the current register for the retail of these products in Scotland)
• strengthen enforcement activity to support the implementation of the above, including through introducing a new product registration scheme in the UK

The bill forms part of a wider package of work and government priorities which will help us to meet our objectives to:

• discourage uptake of smoking and tobacco consumption and to create a smoke-free generation
• support people who already consume tobacco to quit, including through evidence-based quit-aids
• discourage vaping by children and young people
• enforce legal requirements and protect public health

This will support our overall goal to move the focus from sickness to prevention and reduce the burden on the NHS and the economy.

Products in scope for this call for evidence

Products in scope of the bill, and so in scope of this call for evidence, are as follows.

Tobacco products: a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way.

Tobacco related devices: a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or an item which is intended to form part of the device.

Flavours: any product intended to be used in connection with a relevant product to impart flavour. This includes accessories to tobacco products such as crush balls (small capsules inserted into tobacco products, like cigarettes, that release a flavour, such as menthol, when crushed).

Herbal smoking products: a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco.

Cigarette papers: includes anything intended to be used for encasing tobacco products or herbal smoking products to enable them to be smoked.

Vapes: a device, or an item that is intended to form part of the device, which vaporises substances, other than tobacco, for inhalation through a mouthpiece (whether or not it also vaporises tobacco). This includes anything intended to be attached to the device with a view to imparting flavour. Medical devices or medicinal products are not in scope.

Vaping substances: a substance, other than tobacco, that is intended to be vaporised by a vape (for example, an e-liquid). When we refer to ‘vaping products’ in this call for evidence, this includes both vapes and vaping substances.

Nicotine products: products that enable nicotine to be delivered into the human body, excluding medicinal products or nicotine vapes. Forms of nicotine products currently on the UK market include nicotine pouches, nicotine gum, nicotine strips and nicotine pearls. Only commercially available nicotine products are in the scope of this call for evidence and not medically licensed ones.

The government plans to use the new regulation-making powers as soon as possible after the bill receives royal assent. This is part of a co-ordinated and comprehensive approach across the 4 nations to further tackle the harms associated with the use of tobacco, vapes and nicotine products.

What we need further evidence on

To support policy development on potential future regulations, we need to gather evidence on the:

• substances and ingredients used to create flavours in products, such as vapes and nicotine products, and associated emissions from these products
• levels of nicotine that should be permitted in nicotine-containing products, such as nicotine pouches
• size and shape of vapes, vape-like devices and tanks, as well as the role of technology in these devices
• proposal to introduce a new licensing scheme for the retail sale of products including tobacco, vaping and nicotine products in England, Wales and Northern Ireland (the Scottish Government is improving the current register for the retail of these products in Scotland)
• proposal to introduce a new product registration scheme in the UK which could require a producer or manufacturer to provide details on products such as tobacco, vaping and nicotine products before they can be supplied to the UK market

When we have gathered this evidence, we will consult on policy proposals related to the above topics.

You do not need to provide evidence on all of these topics. You will be able to choose which sections to give evidence on, and you can skip questions if you do not have any relevant evidence to provide.

We have summarised the evidence we need in each section. For the full list of questions, see the ‘Call for evidence questions’ section.

Territorial extent

Health policy is a devolved matter in Scotland, Wales and Northern Ireland. The Department of Health and Social Care (DHSC) in England, the Directorate for Population Health in Scotland, the Health and Social Services Group in Wales and the Department of Health in Northern Ireland are each responsible for improving public health. This includes reducing tobacco use by implementing comprehensive tobacco control strategies and tackling the health risks of youth vaping.

The UK government and the governments of Scotland, Wales and Northern Ireland have been working together on the Tobacco and Vapes Bill, which applies across the UK.

The UK government and the devolved governments will continue to work together to develop future policy proposals. So, this call for evidence seeks information from across the UK, as well as international examples and evidence. We will analyse the information collected through this process and any evidence provided. This will be followed by a separate consultation on these issues where the evidence provided and public health rationale supports taking action.

Tobacco industry declaration

The UK is a party to the World Health Organization Framework Convention on Tobacco Control and so has an obligation to protect the development of public health policy from the vested interests of the tobacco industry. To meet this obligation, we ask all respondents to disclose whether they have any direct or indirect links to, or receive funding from, the tobacco industry.

Vape and nicotine flavours and ingredients

Introduction

The Tobacco and Vapes Bill provides powers to restrict flavours and certain ingredients, and to set limits on nicotine strengths and emissions. The government intends to take an approach across the 4 nations on flavours and substances, to reduce youth appeal and use. We are seeking evidence on the ingredients and substances within vaping products and nicotine products. This will help us decide on a preferred regulatory approach.

We are seeking to:

• better evaluate the role of flavours and ingredients in vaping and nicotine products
• understand the risks of flavourings and other ingredients
• understand where efforts to control flavours have been successful or not

On nicotine limits, we want to ensure that all nicotine-containing products contain a safe level of nicotine. We are seeking evidence to inform these limits.

Flavours in vapes and nicotine products

While The Tobacco and Related Products Regulations 2016 (TRPR) bans certain ingredients in nicotine vapes, including colourings, caffeine and taurine, it does not regulate or control flavourings or specify permitted flavours. Non-nicotine vapes and nicotine products also have no restrictions on flavours or ingredients; these products are regulated by The General Product Safety Regulations 2005 (GPSR).

Many of the ingredients (including solvents, sweeteners and flavouring compounds) in e-liquids and nicotine products were originally developed for ingestion, not inhalation after heating or absorption. While some of these ingredients are recognised as safe in food and for ingestion, inhaling or absorbing these substances may carry risks that are not yet fully understood. There are also some health risks associated with some ingredients in vapes and nicotine products (Shehata and others, 2023). For example, propylene glycol and glycerine (components of e-liquids) can produce toxic compounds if they are overheated (Phillips and others, 2017).

Under the current regulatory framework, there are thousands of flavours of vape available across the UK. Evidence shows that children are attracted to fruit and sweet flavours, and this is contributing to the increase in youth vaping (Notley and others, 2022). Restricting child-friendly flavours has the potential to significantly reduce the number of children who are vaping or using nicotine products. Vaping products and nicotine products often use fun and exotic flavour names and descriptors that make products more appealing to young people, such as ‘berry blast’, ‘blue voltage’ or ‘vanilla custard’. Studies show that keeping flavour descriptions simple can reduce children’s interest in trying vapes, especially those who have never smoked or vaped before, while having little effect on adult interest. That is why we will be consulting on restricting vape and nicotine flavour names in due course.

In this call for evidence, we are seeking evidence on the contents, substances and flavours of vapes and nicotine products to help inform future policies in this area.

Heavy metals

TRPR prohibits metals from being present in e-liquids, including cadmium, chromium, iron, lead, mercury and nickel. But the risk of users being exposed to metals remains unclear, and we are aware of many cases where metals have been found in the e-liquid. Evidence suggests that this could be due to metal components slowly releasing into or contaminating the e-liquid (Salazar and others, 2025).

We are seeking to understand more about the presence of metals in vaping products, and to what extent this can be attributed to components of vapes leaching into the e-liquid. We are also interested in any evidence on the presence of heavy metals in nicotine products, such as nicotine pouches.

Nicotine

For nicotine vapes, there is a current maximum limit of 20 milligrams (mg) per millilitre (ml) permitted in e-liquids. Other nicotine products, such as nicotine pouches, have no set nicotine limits, and nicotine strengths can be as high as 150mg (Moodie and others, 2024). They can also come in a variety of flavours, just like vapes.

Also, the nicotine within nicotine products (like pouches, strips and gum) can be absorbed differently, both in the amount of nicotine absorbed and in the method of absorption.

We are seeking to better understand the nicotine content and absorption rates in these products. We are also interested in any evidence on different nicotine strengths in nicotine products, such as nicotine pouches, including the risks and benefits which may occur at specific strengths.

Evidence requested

If you have evidence to provide on vape and nicotine flavours and ingredients, you will be asked:

• how vape flavours are currently created
• any flavours, ingredients or substances within vapes or nicotine products that could pose health risks
• what gives vape liquid a colour, and what risks there might be by restricting vape liquid to a clear colour
• effective strategies and methods to limit the flavours in vapes and nicotine products
• the presence of heavy metals in vape liquids and nicotine products and any associated risks
• how nicotine or other substances in nicotine products are absorbed by the user
• business impact or associated costs when manufacturing or developing e-liquids, devices or nicotine products
• whether the limits on nicotine levels in nicotine vapes should be re-assessed

Tobacco flavours and accessories

Introduction

TRPR defines a ‘characterising flavour’ as a smell or taste other than tobacco which is clearly noticeable before or during consumption, and is the result of additives. It currently prohibits characterising flavours in cigarettes and hand rolling tobacco in the UK (in Northern Ireland this extends to heated tobacco). However, there are no characterising flavour restrictions on other tobacco products, such as heated tobacco, shisha and chewing tobacco.

The Standardised Packaging of Tobacco Products Regulations 2015 also requires that the packaging of tobacco products cannot mention taste, smell or any flavourings. However, accessories such as flavoured filters and crush balls are not subject to restrictions and can impart flavour to a tobacco product, making the tobacco product more appealing.

We are seeking evidence to better understand the impact on tobacco consumption of flavoured tobacco products and flavoured accessories to tobacco products, and whether introducing or amending legislation may be necessary.

Evidence requested

If you have evidence to provide on tobacco flavourings and accessories, you will be asked:

• if banning characterising flavours is effective in reducing tobacco consumption
• about ingredients that give cigarettes or hand-rolled tobacco a particular flavour or sensation
• how flavours for other tobacco products (like heated tobacco and shisha) affect tobacco consumption
• ingredients that give other tobacco products (like heated tobacco and shisha) a particular flavour or sensation
• how flavoured tobacco accessories (like crush balls and flavoured filters) affect tobacco consumption
• about the impact of regulatory changes to the costs of manufacturing or developing tobacco products or tobacco accessories

Vapes

Introduction

Currently, nicotine vape product requirements are set by TRPR and are focused primarily on setting minimum requirements for the safety and quality of nicotine vapes, for example by setting a 2ml tank size limit. So, TRPR currently allows for a wide variety of shapes, sizes and features among vapes. For example, some vapes can have digital screens, or can look like stationery. Also, non-nicotine vapes are not covered by TRPR so fall under the general requirements set by GPSR.

We intend to consult on proposals to restrict the appearance of vapes including limiting:

• colours
• branding
• vapes that resemble other products such as stationery

Analysis of the youth vaping call for evidence shows that the overall appearance of the vapes can be appealing to children and young people. We are seeking to limit features of vapes to reduce that appeal. In particular, we are interested in:

• the role that a device’s size and shape plays in the appeal of vaping to young audiences
• the role that technology should have in vapes (for example, digital screens)

We are also interested in looking at how current tank size rules are being interpreted.

We are seeking evidence on other areas of vape appearance and design that are set out below.

Size and shape

We are interested in any evidence relating to the size and shape of vapes, including:

• how different vape sizes and/or shapes appeal to young people
• the potential benefits of introducing maximum or minimum limits
• the potential benefits of standardising size and/or shapes

Tank sizes

TRPR places requirements on vape tank sizes, limiting device tanks to 2ml and refill tanks to 10ml. Over recent years, manufacturers have developed devices where multiple refill tanks are attached to the device itself. We want to better understand the current situation, and we need evidence to determine whether tank size limits are effective.

Digital screens

Over recent years, vapes have become increasingly sophisticated, with some having digital screens. Digital screens can be used in ways that appeal to children, for example by allowing the user to play games on the vape. However, we are aware that there may be legitimate uses for a digital screen, such as displaying product information and e-liquid levels. So, we are seeking evidence on how these screens are used and whether there are benefits or detriments to them being on a vape.

Requirement to be child resistant

TRPR requires that all vapes are child resistant. However, it does not set out requirements beyond this. Other countries, such as New Zealand, require all vaping products to have a child safety mechanism.

Evidence requested

If you have evidence to provide on vapes, you will be asked about:

• the size and shape of vapes
• vape tank sizes
• the role of digital screens on vapes
• the effectiveness of child resistant measures on vapes
• other elements of a vape that the government should consider regulating

Heated tobacco devices

Introduction

There is no safe level of tobacco consumption, and all tobacco products are harmful. We want to help tobacco users quit and prevent anyone taking up these products in the first place. Heated tobacco is highly addictive due to its nicotine content.

In the UK, heated tobacco is regulated as a novel tobacco product and is subject to certain requirements under current tobacco legislation, including TRPR.

There are no restrictions on the appearance, size or shape of a heated tobacco device.

We intend to consult on proposals to regulate the appearance of heated tobacco devices to ensure that the appeal of their appearance is not a factor that causes people to consume tobacco. We will consult on this in due course. However, we need additional evidence to inform possible further policy approaches.

Evidence on heated tobacco devices

We are interested in any evidence relating to the size and shape of heated tobacco devices, including:

• how different heated tobacco devices sizes and/or shapes appeal to people
• the potential benefits of introducing maximum or minimum size limits
• the potential benefits of standardising size and/or shapes

Digital screens

Digital screens can be used in ways which are appealing, for example by allowing the user to play games. However, we are aware that there may be legitimate uses for a digital screen on a heated tobacco device. We are seeking evidence on how these screens are used and whether there are benefits or detriments to their presence on a heated tobacco device.

Child resistant products

We are considering how best to ensure that a heated tobacco device is child resistant. We are looking for any evidence on effective methods of ensuring a heated tobacco device cannot be easily or accidentally activated.

Evidence requested

If you have evidence to provide on heated tobacco devices, you will be asked about:

• the size and shape of heated tobacco devices
• the role of digital screens on heated tobacco devices
• the effectiveness of child resistant measures on heated tobacco devices and whether there would be a benefit to mandating specific child resistant measures
• other elements of a heated tobacco device that the government should consider regulating

Licensing

Introduction

There is currently no requirement for a business in the UK to obtain a licence to sell tobacco, vapes or nicotine products. This is in contrast to some other retail activities that pose a risk of harm to the public, such as the sale of alcohol, which do require a licence.

Retail licensing of tobacco is a popular intervention with retailers and the public. Polling by ASH for their 2022 report Regulation is not a dirty word, shows that 81% of retailers in England support tobacco retail licensing. A 2023 ASH report on public support for government action on tobacco showed that 83% of the public support tobacco retail licensing. Introducing a licensing scheme for the retail sale of tobacco was one of the main recommendations from the 2022 Khan review as a means of supporting legitimate businesses and tackling illicit sales.

The Tobacco and Vapes Bill provides powers for ministers in England, Wales and Northern Ireland to establish a licensing scheme in their respective nations for the retail sale of:

• tobacco products
• herbal smoking products
• cigarette papers
• vaping products
• nicotine products

The bill also allows for ministers to extend the licensing requirements so that they also apply to tobacco related devices (for example, heated tobacco devices) through regulations.

In Northern Ireland, the implementation of a retail licensing scheme will replace The Tobacco Register of Northern Ireland for tobacco products. In the meantime, the bill amends Northern Ireland’s existing retailer register so that it will extend to retailers of nicotine products and vaping products until a licensing scheme is established.

The bill does not provide powers to implement a retail licensing scheme in Scotland. Instead, the bill amends Scotland’s Register of Tobacco and Nicotine Vapour Product Retailers so that it extends to nicotine products and herbal smoking products. Scotland’s retail register has been central to enforcement authorities in Scotland for over 15 years. The Scottish Government is not currently looking at implementing a licensing scheme. Instead, the Scottish Government is focused on improving the current register, which included the launch of a refreshed platform in January 2025. We will share the analysis of the responses from this call for evidence with the Scottish Government to inform future development of the existing register.

Introducing a tobacco and vape retail licensing scheme will strengthen enforcement and support legitimate businesses while acting as a deterrent to retailers who breach the law. And in doing so, it will support public health.

The Tobacco and Vapes Bill requires 2 licences to be obtained for anybody who wants to sell tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products. They will need a:

• personal licence
• premises licence (where a premises is to be used for the sale of the same products)

This is the case for some other existing licensing schemes, such as alcohol licensing.

We are seeking evidence on the implementation of a licensing scheme. The feedback provided in this call for evidence will inform a subsequent consultation on the proposed design of the licensing scheme.

Licensing scheme objectives

Licensing scheme objectives provide a framework for the design of the scheme as well as decisions made by licensing authorities (usually local councils) about granting, renewing or revoking licences and any conditions that are imposed on the licence holder.

We want to ensure that only responsible retailers, who do not pose any undue public health or crime risk, will be able to have a tobacco and vape licence and sell products to the public. So, we propose that the overarching objectives for the licensing scheme are to:

• protect public health - to ensure that retailers and their practices are not posing any undue or excessive risk to the health of the public, particularly children
• prevent crime - to ensure that retailers do not pose any undue crime risk and that only law-abiding retailers can sell these products to the public

Decision making

Licensing authorities will be responsible for administering the scheme, including granting personal and premises licences.

The bill provides powers for regulations to specify the grounds on which a licence may be granted, suspended, revoked or varied. The bill also allows for regulations to enable licensing authorities to impose conditions which a licence holder must adhere to as part of obtaining and maintaining a licence. Decisions made by licensing authorities should support the objectives of the licensing scheme.

Under some existing schemes, licensing authorities may establish a committee to take certain decisions and hear representations from members of the public and other interested parties, such as public health boards and the police.

We want retail licensing to support legitimate businesses, while tackling retailers who disregard the law. We want to ensure we are taking a proportionate approach, particularly to the many existing businesses who currently operate fairly and responsibly.

Licensing conditions

Licensing conditions are requirements that licence holders must comply with as part of the terms for obtaining and maintaining a personal or premises licence.

Powers in the Tobacco and Vapes Bill enable regulations to specify certain mandatory conditions and allow licensing authorities to impose conditions on a licence. Licensing conditions are a way of ensuring that retailers are operating as reputable businesses and in line with the law and best practice. Any conditions that are imposed on licence holders should support the licensing scheme objectives.

Licensing conditions should not restate other statutory requirements that retailers are required to comply with. For example, a licensing condition should not outline where a tobacco retailer may display tobacco products in their stores, because these are already set out in other legislation. However, breaches of other statutory requirements, as well as breaches of licensing conditions, could result in a licence being suspended or revoked.

Licensing fees

Licensing fees are typically paid as part of the application process for a personal or premises licence and the fee retained by licensing authorities for administering the scheme. The extent to which licensing fees are set at a national level in legislation varies between existing licensing schemes.

Retailers applying for licences can vary significantly in their size as well as the products they sell. They may include large supermarket chains, small independent convenience stores or retailers that only sell tobacco or vaping products. So, it may be appropriate for there to be different fees based on certain criteria.

Duration and renewal of licences

How long licences last for and the process for renewing them varies between different existing licensing schemes. For some existing schemes, personal or premises licences do not require a renewal application, if an annual renewal fee is paid. However, other schemes may require a licence holder to apply to renew their licence after a given period.

We would welcome views on how long a licence should be granted for, considering both personal and premises licences.

Online sales licensing

Powers provided by the Tobacco and Vapes Bill allow retail licensing to cover online retail sales of tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products.

It is our intention that online retailers will be required to have a licence and that requirements will broadly mirror the arrangements for physical retailers. However, we welcome views on implementing retail licensing for online retailers and the extent to which it should vary from licensing requirements for physical premises.

Exemptions from licensing

It is our starting position that all retailers of tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products will be required to obtain a licence. However, we would welcome views on whether there should be any exceptions to this.

Implementing a licensing scheme

A retail licensing scheme is a new requirement for retailers in the sector and there will be a significant number that need to obtain personal and premises licences before the scheme comes into force. Despite this, many retailers of these products will be familiar with the process of obtaining a licence for other products, such as alcohol. We would welcome views on how the scheme can be implemented effectively, using evidence of implementing other licensing schemes.

Impact of a licensing scheme

Before making regulations, we will prepare an impact assessment that considers the impact of the proposed scheme. We would welcome any evidence that may inform the analysis.

Evidence requested

If you have evidence to provide on retail licensing, you will be asked:

• if you agree with the proposed licensing scheme objectives
• about the factors to consider when deciding whether to grant a premises licence
• about the factors to consider when deciding to grant a personal licence
• whether factors that influence decisions on licences should be shaped by local priorities or nationally set criteria (or both)
• how licensing authorities should reach decisions about whether to grant a licence
• about other factors to consider in administering the licensing scheme
• to outline any examples of licensing conditions you believe could be imposed on a premises licence or a personal licence to support the objectives of the scheme
• if you believe there should be flexibility in licensing conditions
• what would be an appropriate fee structure for premises licences and for personal licences and why
• if you believe fees should be set at a national or local level
• how long a licence should be granted for, for both personal and premises licences
• how the renewal of licences should be managed
• how a retail licensing scheme should be administered for online retailers and how compliance with the scheme should be monitored
• for evidence of any exemptions you think are necessary as part of the licensing scheme
• how the licensing scheme can be implemented effectively
• how long is required to implement the scheme
• about anything else that should be considered in the implementation of the scheme
• how implementing a licensing scheme will affect retailers or other businesses
• about potential public health benefits from implementing a licensing scheme

Product registration

Introduction

Since 20 May 2016, producers have been required to notify the UK government before making a tobacco product or herbal product for smoking available for supply to the UK domestic market or travel retail sector. Notification is a requirement under parts 4 and 5 of TRPR. Likewise, manufacturers must notify the UK government under part 6 of TRPR if they intend to supply a nicotine vaping product to the UK domestic market or travel retail sector.

Businesses that fail to notify a product in line with the regulations must not supply that product for sale in the UK.

There are different notification requirements depending on where a product is supplied in the UK. Producers placing products on the Northern Ireland market are required to notify using the EU Common Entry Gate system for tobacco and nicotine vaping products. Producers placing products on the Great Britain market are required to notify on the Great Britain domestic system. The Medicines and Healthcare products Regulatory Agency (MHRA) manages these processes for nicotine vaping products and DHSC manages the process for tobacco and herbal smoking products.

We believe that these systems are outdated, and the market has changed significantly since 2016. There is no requirement to check a product against its notification, and once a notification has been published, this cannot be removed easily. There have been alarming instances of vapes that have been notified and deemed to be compliant which on inspection have been found to contain higher than permitted levels of nicotine. There are issues with suppliers providing false information as part of a product’s notification. And especially when it comes to nicotine vapes, we have limited ways to conduct pre-market checks to catch these bad actors.

There are also a number of products that do not currently require notification. These include:

• nicotine products (such as nicotine pouches)
• vaping products that do not contain nicotine
• cigarette papers
• tobacco related devices (such as heated tobacco devices)

The result is that it is difficult for retailers to be sure that the products they sell comply with the legal requirements, and harder for enforcement agencies to prevent these products remaining on the shelves. These issues ultimately threaten consumer safety and undermine our enforcement efforts.

So, we are taking powers to establish a new product registration scheme through regulations made under the Tobacco and Vapes Bill. This registration scheme could cover all relevant products (tobacco products, vaping products, nicotine products and herbal smoking products, as well as cigarette papers and tobacco related devices). Under this registration system, producers and manufacturers will be required to provide relevant information before their product can be sold in the UK.

We are clear that we need a different process to ensure that products are safe and comply with our regulations. This call for evidence seeks further detail on the existing notification schemes and where registration will go further than current notification requirements. We welcome views from interested parties on implementing such a scheme.

This will inform the development of policy proposals, which we will consult on in due course.

This section is not seeking evidence on the retail registers in Scotland and Northern Ireland.

Products in scope for a new registration scheme

In the Tobacco and Vapes Bill, we are taking powers to regulate other products that are not currently subject to the requirement for notification before being supplied in the UK, including requiring their registration. These products are:

• nicotine products (including nicotine pouches, nicotine gum, nicotine strips and nicotine pearls)
• non-nicotine vaping products
• cigarette papers
• tobacco related devices (such as heated tobacco devices)

In this section, we ask for evidence on the UK markets for these products, and any impacts of requiring registration of these products. This evidence may include:

• size of the market
• pricing structures
• information on consumer or market trends

Information requirements

The bill specifies that the regulations may require the following information as part of a product’s registration:

• the reasons for an ingredient’s inclusion in the product
• images (for example, an image of the product or its label or packaging)
• information relevant to any risks or suspected risks to human health or safety posed by the product
• information about substances released into the body of a person using the product or about the emissions released by the product
• information about the producer’s operations
• information about any individual nominated by the producer in accordance with regulations under clause 97 of the Tobacco and Vapes Bill (‘responsible person’)

Product standards and testing requirements

Testing of samples of each variant of a brand of cigarettes is required by regulation 14 of TRPR. This is testing for tar, nicotine and carbon monoxide yields.

Under powers in the Tobacco and Vapes Bill, we will be able to introduce requirements for producers or manufacturers to conduct a study or for testing to be conducted on a tobacco, herbal smoking, vaping or nicotine product or cigarette papers.

We are interested in receiving evidence on testing regimes and requirements for these products.

Responsible person

Under TRPR, a manufacturer of a nicotine vape must provide the contact details of:

• the manufacturer
• the importer (if applicable)
• a responsible person if neither the manufacturer nor the importer is based in the UK

For the purposes of the current notification schemes, the role of the responsible person is to act as a contact point for any queries. No enforcement action can be taken against this person.

Under the bill we could introduce requirements for those acting as a responsible person in future registration schemes. Regulations may require a responsible person to be liable for the information that is provided and subject to any penalties if it is found to be false.

We are looking for evidence on any existing registration schemes where the person who has responsibility for registering their product can nominate another business or individual to be a responsible person. We are also looking for views on any requirements for who may act in this role.

Notification scheme fees

Under the existing notification schemes, producers or manufacturers must pay a fee or fees as part of the notification process. For tobacco products, these fees vary depending on the product. The fees for cigarettes are:

• £200 for a new notification
• £200 for a substantial modification of an existing product
• an annual reporting fee of £100

Cigarettes are also subject to a testing fee of £1,000, or £167 multiplied by the number of samples required in the period if there were 5 or fewer.

For more information about fees, see Notification of tobacco or herbal products for smoking.

MHRA charges £150 for notification of a nicotine vape. For more information on fees, see Notification fees for Great Britain and Northern Ireland.

We will be able to charge a fee for registration or continued registration under powers in the bill. These fees may be set at a level which reflects the cost of administering the registration scheme, as well as the cost of exercising functions related to regulations laid under part 5 of the bill, such as product features regulations.

Impact on businesses

The existing notification requirements currently apply to tobacco and herbal smoking products, and nicotine vapes. Businesses should be familiar with reporting processes as part of the regular route to market for these products. These rules currently do not apply to businesses manufacturing another type of nicotine product or a non-nicotine vape.

Enforcement

The regulations establishing the registration scheme may set out when a registration might be suspended or cancelled and set eligibility to register or continue registration. We may also impose prohibitions or limitations on the supply of non-registered products. The regulations may make it an offence to fail to comply with these requirements. Offences may attract penalties of a fine or imprisonment.

Under TRPR, it is currently an offence to sell products which have not been notified. We are interested in gathering evidence or views on the effectiveness of enforcement of the current notification schemes.

Evidence requested

If you have any evidence to provide on product registration, you will be asked about:

• the effectiveness or ineffectiveness of the current notification system for tobacco and herbal smoking products, and the system for nicotine vaping products
• existing product registration schemes and their advantages and disadvantages (international or other UK schemes)
• the market for all products in scope and the supply chain for these products
• what information should be required before a product can be registered
• existing testing regimes and standards, and their effectiveness
• the most effective point in a product’s route to market for it to be tested
• the impact on business of enhanced testing requirements
• existing ‘responsible person’ schemes, as well as rules about who can submit information
• what fees should be charged for registering and testing a product
• the impact on business of fees for registering nicotine products and non-nicotine vaping products
• the impact on business of adapting to the new requirements of the bill
• how effective you think the current enforcement regime is for making sure only notified products are sold in Great Britain and Northern Ireland
• your recommendations on improving enforcement and for any evidence or views on eligibility criteria for registration, including criteria for cancelling or suspending a registration

How to respond

You can respond to the call for evidence through our online survey.

Do not provide personal data when responding to free text survey questions. We will remove any personal data included before we analyse these responses and they will not be considered in the outcome.

The call for evidence is open for 8 weeks and will close at 11:59pm on 3 December 2025. If you respond after this date, your response will not be considered.

If you have any queries about this call for evidence, please email tobaccoandvapesevidence@dhsc.gov.uk. Do not send your answers or any personal information to this email address. 

Call for evidence questions

About you

In what capacity are you responding to this survey?

• An individual sharing my personal views and experiences
• An individual sharing my professional views
• On behalf of an organisation

Do you have any direct or indirect links to, or receive funding from, the tobacco industry?

• Yes
• No

What is the main area of focus of your work?

• Academic
• Advocacy
• Distribution
• Education
• Emergency services
• Enforcement agencies
• Healthcare
• Justice system
• Legal
• Local government
• National government
• Production or manufacturing
• Retail
• Social care
• Wholesale

Questions for individuals

Where do you live in the UK? (Optional)

• England
• Scotland
• Wales
• Northern Ireland
• I live outside the UK

What is your age? (Optional)

• Under 13
• 13 to 15
• 16 to 24
• 25 to 34
• 35 to 44
• 45 to 54
• 55 to 64
• 65 to 74
• 75 or above
• Prefer not to say

What is your sex? (Optional)

• Male
• Female
• Prefer not to say

Is the gender you identify with the same as your sex registered at birth? (Optional)

• Yes
• No
• Prefer not to say

What is your ethnic group? (Optional)

• White - includes British, Northern Irish, Irish, Gypsy, Irish Traveller, Roma or any other White background
• Mixed or multiple ethnic groups - includes White and Black Caribbean, White and Black African, White and Asian or any other Mixed or multiple background
• Asian or British Asian - includes Indian, Pakistani, Bangladeshi, Chinese or any other Asian background
• Black, Black British, Caribbean, African or any other Black background
• Other - includes Arab or any other ethnic group
• Prefer not to say

Questions for organisations and those sharing their professional views

Do you work for, or are you providing views on behalf of, any of the following?

Select all that apply.

• Manufacturer or producer of a tobacco product
• Manufacturer or producer of a vape or nicotine product
• Importer of a tobacco product
• Importer of a vape or nicotine product
• Distributor of a tobacco product
• Distributor of a vape or nicotine product
• Retailer of a tobacco product
• Retailer of a vape or nicotine product
• None of the above

Where does your organisation operate or provide services? (Optional)

Select all that apply.

• England
• Wales
• Scotland
• Northern Ireland
• The whole of the UK
• Outside the UK
• Online

What is the size of your organisation? (Optional)

• Small (0 to 49 employees)
• Medium (50 to 249 employees)
• Large (250 or more employees)

What is the name of your organisation? (Optional)

Vape and nicotine flavours and ingredients

We are seeking evidence on ingredients and substances within vaping and nicotine products. We are particularly interested in evidence on:

• ingredients used to create flavours (and emissions from these ingredients)
• the presence of heavy metals
• nicotine limits

Do you have evidence to provide on flavours, ingredients and substances, nicotine limits or heavy metals within vaping and nicotine products?

• Yes
• No

If you select ‘no’ you will go straight to the next section of the call for evidence on tobacco flavours and accessories.

Flavours in vapes and nicotine products

Please provide evidence on how vape flavours are currently created. For example, the number of different substances typically used to create a flavour or the strength of such substances. (Optional, maximum 500 words)

Please provide evidence of any flavours, ingredients or substances within vapes or nicotine products that could pose health risks and that we should consider when developing regulations. For example, risks associated with regulators, binders and sweeteners. (Optional, maximum 500 words)

Please provide evidence on what gives vape liquid a colour, and what risks there might be by restricting vape liquid to a clear colour. (Optional, maximum 500 words)

Please provide evidence of effective strategies and methods to limit the flavours in vapes and nicotine products. (Optional, maximum 500 words)

Please provide evidence on the presence of heavy metals in vape liquids and nicotine products and any associated risks. (Optional, maximum 500 words)

Nicotine

We are seeking to better understand the nicotine content and absorption rates in nicotine products, such as nicotine pouches, including the risks and benefits which may occur at specific strengths.

Please provide evidence on how nicotine or other substances in nicotine products are absorbed by the user. You may wish to consider the risks and benefits of the amount of nicotine absorbed and the speed at which it is absorbed. (Optional, maximum 500 words)

Please provide evidence or information on the impacts on businesses from having to adjust manufacturing or operating practices to meet new regulatory changes, such as those set out in this section of the call for evidence document. (Optional, maximum 500 words)

Please provide evidence on whether the limits on nicotine levels in nicotine vapes should be re-assessed, or if the current maximum limit of 20mg per ml is sufficient. (Optional, maximum 500 words)

If you have any other evidence on flavours, ingredients or emissions for vaping products and nicotine products, please include it here. For example, you may wish to consider the risks to oral health when using nicotine pouches. (Optional, maximum 500 words)

Tobacco flavours and accessories

We are seeking evidence to better understand the impact that flavoured tobacco products and accessories have on tobacco consumption. We are also seeking evidence on whether introducing or amending legislation is necessary.

Do you have evidence to provide on tobacco flavourings or tobacco accessories?

• Yes
• No

If you select ‘no’ you will go straight to the next section of the call for evidence on vapes.

Please provide evidence on the effectiveness of banning characterising flavours for cigarettes and hand-rolled tobacco on reducing tobacco consumption.  (Optional, maximum 500 words)

Please provide evidence on the use of ingredients that give cigarettes or hand-rolled tobacco a particular flavour or sensation. (Optional, maximum 500 words)

Please provide evidence on how the use of flavours for other tobacco products (such as heated tobacco, shisha or chewing tobacco) impacts tobacco consumption. (Optional, maximum 500 words)

Please provide evidence on the use of ingredients that give other tobacco products (such as heated tobacco, shisha or chewing tobacco) a particular flavour or sensation. (Optional, maximum 500 words)

Please provide evidence on how the use of flavoured tobacco accessories (for example crush balls and flavoured filters) impacts tobacco consumption. (Optional, maximum 500 words)

Please provide evidence or information on the impacts on businesses from having to adjust manufacturing or operating practices to meet new regulatory changes, such as those set out in this section of the call for evidence document. (Optional, maximum 500 words)

If you have any other evidence on tobacco flavours or flavoured accessories, please include it here. (Optional, maximum 500 words)

Vapes

We are seeking to limit features of vapes to reduce the appeal to children and young people. In particular, we are interested in:

• the role that a device’s size and shape plays in the appeal of vaping to young audiences
• the role that digital screens should have in vapes
• the effectiveness of child resistant measures on vapes

Do you have evidence to provide on vapes?

• Yes
• No

If you select ‘no’ you will go straight to the next section of the call for evidence on heated tobacco devices.

Size and shape

We are interested in any evidence relating to the size and shape of vapes, including:

• how different vape sizes and/or shapes appeal to young people
• the potential benefits of introducing maximum or minimum size limits
• the potential benefits of standardising size and/or shapes

If you have any evidence relating to the size and shape of vapes, please include it here. (Optional, maximum 500 words)

Tank sizes

We are interested in evidence relating to vape tank sizes, including:

• the effectiveness of current limits (2ml for a device tank and 10ml for a refill tank)
• the optimal capacity for a vape tank
• the benefits and risks of connecting vape refill tanks to the device
• how many refill tanks should be connected to a device at one time

If you have any evidence on vape tank sizes, please include it here. (Optional, maximum 500 words)

Digital screens

Please provide evidence on the role of digital screens on vapes. For example, whether there may be benefits or harms, and whether there is a need to place limits on the use of digital screens. (Optional, maximum 500 words)

Requirement to be child resistant

Please provide evidence on the effectiveness of child resistant measures on vapes. (Optional, maximum 500 words)

Any other evidence

Please provide evidence on other elements of a vape that the government should consider regulating and why. (Optional, maximum 500 words)

Heated tobacco devices

We are interested in evidence relating to heated tobacco devices. In particular, we are interested in:

• evidence relating to the size and shape of heated tobacco devices
• the role that digital screens should have in heated tobacco devices
• the effectiveness of child resistant measures on heated tobacco devices

Do you have evidence to provide on heated tobacco devices?

• Yes
• No

If you select ‘no’ you will go straight to the next section of the call for evidence on licensing.

Size and shape

We are interested in any evidence relating to the size and shape of heated tobacco devices, including:

• how different heated tobacco device sizes and/or shapes appeal to people
• the potential benefits of introducing maximum or minimum size limits
• the potential benefits of standardising size and/or shapes

If you have any evidence relating to the size and shape of heated tobacco devices, please include it here. (Optional, maximum 500 words)

Digital screens

Please provide evidence on the role of digital screens on heated tobacco devices. For example, whether there may be benefits or harms, and whether there is a need to place limits on the use of digital screens. (Optional, maximum 500 words)

Requirement to be child resistant

Please provide evidence on child resistant measures on heated tobacco devices and whether there would be a benefit to mandating specific child resistant measures. (Optional, maximum 500 words)

Any other evidence

Please provide evidence on other elements of a heated tobacco device that the government should consider regulating and why. (Optional, maximum 500 words)

If you have any other evidence on heated tobacco devices, please provide it here. (Optional, maximum 500 words)

Licensing

We are seeking evidence on the implementation of a licensing scheme. The feedback provided in this call for evidence will inform a subsequent consultation on the proposed design of the licensing scheme.

Do you have evidence or views to provide on retail licensing?

• Yes
• No

If you select ‘no’ you will go straight to the section on product registration.

Licensing scheme objectives

We want to ensure that only responsible retailers who do not pose any undue public health or crime risk will be able to have a tobacco and vape licence and sell products to the public. So, we propose that the overarching objectives for the licensing scheme are to:

• protect public health - to ensure that retailers and their practices are not posing any undue or excessive risk to the health of the public
• prevent crime - to ensure that retailers do not pose any undue crime risk and that only law-abiding retailers can sell these products to the public

Do you agree or disagree with the proposed licensing scheme objectives?

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please explain your answer. (Optional, maximum 500 words)

Decision making

What factors should be taken into consideration when making decisions on the granting of a premises licence? In your answer you may want to consider factors such as the location and density of retailers and whether businesses are fixed or mobile, as well as any other factors you consider relevant. (Optional, maximum 500 words)

What factors should be taken into consideration when making decisions on the granting of a personal licence? (Optional, maximum 500 words)

Should factors affecting decisions on the granting of licences be shaped by local priorities or nationally set criteria, or both? In your answer, please provide examples of criteria that you believe should be set at a national level and any criteria which should be left to local decision making. (Optional, maximum 500 words)

How should licensing authorities reach decisions about whether to grant a licence? In your answer you may want to consider what structures (such as committees) are needed to make decisions, as well as the extent to which interested parties should be engaged in the process. Please explain your answer with reference to the operation of existing licensing schemes. (Optional, maximum 500 words)

If there are any other factors that should be considered in the administration of the licensing scheme, please outline them here. In your answer, you may want to consider transparency of decision-making, requirements to publish information and the process for appealing decisions. (Optional, maximum 500 words)

Licensing conditions

Please outline any examples of licensing conditions which you believe could be imposed on a premises licence to support the objectives of the scheme. (Optional, maximum 500 words)

Please outline any examples of licensing conditions which you believe could be imposed on a personal licence to support the objectives of the scheme. (Optional, maximum 500 words)

Please provide your views on which licensing conditions could be determined by local councils, and which conditions should be mandatory for all licence holders. (Optional, maximum 500 words)

Licensing fees

What is an appropriate fee structure for premises licences and why is this the case? In your answer, you may want to consider fees paid in existing schemes, and/or whether fees should vary depending on the type of retailer or other characteristics, such as the size of the business and the products they sell. (Optional, maximum 500 words)

What is an appropriate fee structure for personal licences and why is this the case? In your answer, you may want to consider fees paid in existing schemes. (Optional, maximum 500 words)

Please provide your views on whether fees should be set at a national or local level. In your answer, you may want to refer to the operation of existing schemes. (Optional, maximum 500 words)

Duration and renewal of licences

How long should a licence be granted for? In your answer, please consider both personal and premises licences. (Optional, maximum 500 words)

How should the renewal of licences be managed? Please consider the renewal of both personal and premises licences. You may also want to refer to the operation of existing schemes. (Optional, maximum 500 words)

Online sales licensing

How should a retail licensing scheme be administered for online retailers and compliance monitored? In your answer, you may want to consider whether the approach taken should differ from the approach for physical premises, and/or refer to the operation of existing schemes. (Optional, maximum 500 words)

Exemptions from licensing

Please provide evidence of any exemptions which you believe are necessary as part of the retail licensing scheme. (Optional, maximum 500 words)

Implementing a licensing scheme

How can the licensing scheme be implemented effectively? In your answer, you may want to consider the application process for existing retailers during the implementation of the scheme and whether it should differ from applications after the scheme has been implemented. (Optional, maximum 500 words)

How long is required to implement the licensing scheme? In your answer, please consider the time required, following the introduction of regulations, to set up the scheme as well as the time required for applications to be processed. (Optional, maximum 500 words)

If there is anything else that should be considered in the implementation of the scheme, please outline it here. In your answer, you may want to consider any support retailers and local councils will require to effectively implement the scheme. (Optional, maximum 500 words)

Impact of a licensing scheme

Please provide evidence of the impacts on retailers or any other businesses of implementing a licensing scheme. In your answer, you may want to consider any relevant evidence from the implementation of existing licensing schemes for other products and relevant international examples. (Optional, maximum 500 words)

Please provide evidence of potential public health benefits as a result of implementing a licensing scheme. In your answer, you may want to consider any relevant evidence from the implementation of existing licensing schemes for other products and relevant international examples. (Optional, maximum 500 words)

Please provide any additional evidence or views on the development of a retail licensing scheme, providing a clear rationale for any views that you offer. (Optional, maximum 500 words)

Product registration

We are clear that we need a different process to ensure that products are safe and comply with our regulations. This call for evidence seeks further detail on the existing notification schemes and where registration will go further than current notification requirements. We welcome views from interested parties on implementing such a scheme.

This will inform the development of policy proposals, which we will consult on in due course.

Please note that this section is not seeking evidence on the retail registers in Scotland and Northern Ireland.

Do you have evidence or views to provide on product registration?

• Yes
• No

If you select ‘no’ you will go straight to the end of the survey.

Please provide evidence on the effectiveness or ineffectiveness of the current notification system for tobacco and herbal smoking products. (Optional, maximum 500 words)

Please provide evidence on the effectiveness or ineffectiveness of the current notification system for nicotine vaping products. (Optional, maximum 500 words)

Please provide evidence of any product registration schemes and their advantages and disadvantages. These could be international or other UK government schemes. (Optional, maximum 500 words)

Products in scope

We are interested in evidence on the UK market for the following products, and any impacts of requiring registration of these products:

• nicotine products (including nicotine pouches, nicotine gum, nicotine strips and nicotine pearls)
• non-nicotine vaping products
• cigarette papers
• tobacco related devices (such as heated tobacco devices)

Evidence may include size of the market, pricing structures and information on consumer or market trends. 

If you have any evidence on the market for the products in scope, please provide it here, specifying which product or products you are referring to. (Optional, maximum 500 words)

Please provide evidence of the supply chain for the products in scope. This includes how they are imported to the UK, who imports them and how they are distributed. (Optional, maximum 500 words)

Information requirements

The bill specifies that the regulations may require the following information as part of a product’s registration:

• the reasons for an ingredient’s inclusion in the product
• images (for example, an image of the product or its label or packaging)
• information relevant to any risks or suspected risks to human health or safety posed by the product
• information about substances released into the body of a person using the product or about the emissions released by the product
• information about the producer’s operations
• information about any individual nominated by the producer in accordance with regulations under clause 97 (responsible person)

If there is any other information not listed above that should be required before a product can be registered, please outline it here and explain why this is the case. (Optional, maximum 500 words)

Product standards and testing requirements

Please provide evidence on existing testing regimes and their effectiveness and any testing standards which are used in relation to the products in scope. (Optional, maximum 500 words)

Please provide evidence on the most effective point in a product’s route to market for testing to be conducted. For example, before registration. (Optional, maximum 500 words)

Please provide evidence on the business impacts of enhanced testing requirements for these products. (Optional, maximum 500 words)

Responsible person

Please provide evidence of existing schemes where a ‘responsible person’ can be nominated to submit information on behalf of an organisation, and their effectiveness. Please also provide any information relating to rules around who is allowed to submit information. (Optional, maximum 500 words)

Notification scheme fees

Under the existing notification schemes, producers or manufacturers must pay a fee or fees as part of the notification process. For tobacco products, these fees vary depending on the product. The fees for a cigarette are:

• £200 for a new notification
• £200 for a substantial modification of an existing product
• an annual reporting fee of £100

Cigarettes are also subject to a testing fee of £1,000, or £167 multiplied by the number of samples required in the period if there were 5 or fewer.

The Medicines and Healthcare products Regulatory Agency charges £150 for notification of a nicotine vape.

What fees should be charged for registration and testing of a product? You may refer to the fee regimes for the existing notification systems as a basis. Please provide rationale and any supporting evidence. (Optional, maximum 500 words)

Please provide evidence on the potential business impacts of requiring fees for registration of nicotine products and non-nicotine vaping products. (Optional, maximum 500 words)

Impact on businesses

Please provide evidence of the impacts on business (such as producers and importers) from adapting to new registration and reporting requirements as established through the Tobacco and Vapes Bill. (Optional, maximum 500 words)

Enforcement

How effective or ineffective is the current enforcement regime for ensuring that only notified products are sold in Great Britain and Northern Ireland? (Optional)

• Very effective
• Somewhat effective
• Somewhat ineffective
• Very ineffective
• Don’t know

Please provide any evidence to support your view and any recommendations on how enforcement could be improved in the future. For example, on things like sale of unregistered products. (Optional, maximum 500 words)

Please provide evidence or views on eligibility criteria for registration, including criteria for cancellation or suspension of a registration. (Optional, maximum 500 words)

Please provide any additional evidence or views on future registration powers, providing a clear rationale for any views that you offer. (Optional, maximum 500 words)

File upload

In this section, you’ll be able to provide any additional evidence or submit any files. A maximum of 10 pages in a Word document or PDF will be considered. (Optional)

References

Brose L, Bunce L and Cheeseman H. Prevalence of nicotine pouch use among youth and adults in Great Britain - analysis of cross-sectional, nationally representative surveys. Nicotine and Tobacco Research 2025: article ntae295.

Le T, Mendez D and Warner K. The benefits of quitting smoking at different ages. American Journal of Preventive Medicine 2024: volume 67, issue 5, pages 684 to 688.

Livingston G and others. Dementia prevention, intervention, and care: 2020 report of the Lancet Commission. The Lancet 2020: volume 396, issue 10248, pages 413 to 446.

Moodie C, Alexandrou G and Siddiqi K. Chasing a buzz: developments in the nicotine pouch market in the UK. Tobacco Control 2024.

Nayak P, Pechacek TF, Slovic P and Eriksen MP. Regretting ever starting to smoke: results from a 2014 national survey. International Journal of Environmental Research and Public Health 2017: volume 14, issue 4, article 390.

Notley C, Gentry S, Cox S, Dockrell M, Havill M, Attwood AS, Smith M and Munafò MR. Youth use of e-liquid flavours - a systematic review exploring patterns of use of e-liquid flavours and associations with continued vaping, tobacco smoking uptake or cessation. Addiction 2022: volume 117, issue 5, pages 1,258 to 1,272.

Nyakutsikwa B, Britton J and Langley T. The effect of tobacco and alcohol consumption on poverty in the United Kingdom. Addiction 2021: volume 16, issue 1, pages 150 to 158.

NHS England. Smoking, drinking and drug use among young people in England, 2023. NHSE, 2023.

Phillips P, Titz B, Kogel U, Sharma D, Leroy P, Xiang Y and others. Toxicity of the main electronic cigarette components, propylene glycol, glycerin, and nicotine, in Sprague-Dawley rats in a 90-day OECD inhalation study complemented by molecular endpoints. Food and Chemical Toxicology 2017: volume 109, part 1, pages 315 to 332.

Salazar M, Saini L, Nguyen T, Pinkerton K, Madl A, Cole A and Poulin B. Elevated toxic element emissions from popular disposable e-cigarettes. American Chemical Society Central Science 2025: volume 11, issue 8, pages 1,345 to 1,354.

Shehata SA, Toraih EA, Ismail EA, Hagras AM, Elmorsy E and Fawzy MS. Vaping, environmental toxicants exposure, and lung cancer risk. Cancers (Basel) 2023: volume 15, issue 18, article 4525.

Smith MJ and Hilton S. Youth’s exposure to and engagement with e-cigarette marketing on social media: a UK focus group study. BMJ Open 2023: volume 13, article 071270.

Turner-Warwick M. Smoking and the young: a report of a working party of the Royal College of Physicians. Tobacco Control 1992: volume 1, issue 3, pages 231 to 235.

Privacy notice

Summary of policy

The UK is committed to becoming smokefree and to tackling youth vaping. To support the development of some of the regulations to be made under the Tobacco and Vapes Bill, we are holding a call for evidence to gather information, data, insights and expert opinions on the following topics:

• substances and ingredients used to create flavours in products, such as vapes and nicotine products, and associated emissions from these products
• levels of nicotine that should be permitted in nicotine-containing products, such as nicotine pouches
• size and shape of vapes, vape-like devices and tanks, as well as the role of technology in these devices
• the proposal to introduce a new licensing scheme for the retail sale of, among other things, tobacco, vaping and nicotine products in England, Wales and Northern Ireland (the Scottish Government is improving the current register for the retail of these products in Scotland)
• the proposal to introduce a new product registration scheme in the UK which could require a producer or manufacturer to provide details on products such as tobacco, vaping and nicotine products before they can be supplied to the UK market

The call for evidence will be wide-ranging and will seek to gather views from experts, interested stakeholders and people impacted by these policies.

The information collected and evidence provided through the call for evidence will inform a consultation on these topics to be published at a later date.

Data controller

DHSC is the data controller.

What personal data we collect

When you respond to the call for evidence online, we will collect information on:

• whether you are responding as an individual member of the public or on behalf of an organisation
• what sector you work in
• what the main focus of your work is
• the nature of your organisation (if you are responding on behalf of an organisation)
• where your organisation operates (if you are responding on behalf of an organisation)
• the size of your organisation (if you are responding on behalf of an organisation)
• whether you have any direct or indirect links to, or receive funding from, the tobacco industry

We also ask for some personal information, which we will collect if you choose to respond. This includes:

• your name or the name of your organisation
• your age within an age band
• where you live
• your sex
• your gender identity
• your ethnicity
• your IP address
• your email address

Please do not include any other personal information in your responses to free text questions in the survey.

How we use your data

We collect your information as part of the call for evidence process:

• for statistical purposes, for example to understand how representative the results are and whether views and experiences vary across organisations and demographics
• to reduce the likelihood of individuals being able to submit multiple responses
• to reduce the likelihood of submissions from bots
• to enable you to contact us about amending or deleting your response
• to contact you if we have any further questions about your response

Legal basis for processing personal data

Under article 6 of the UK General Data Protection Regulation (GDPR), the lawful basis we rely on for processing this personal data is 6(1)(e) - the processing is necessary to perform a task in the public interest or for our official functions and the task or function has a clear basis in law. In this case we are asking the public to provide evidence to answer a range of questions about tobacco, vaping and nicotine products to support the objectives of the UK government.

Under article 9 of the UK GDPR, the processing condition we rely on for processing special category data is 9(2)(g) - the processing is necessary for reasons of substantial public interest, namely statutory and government purposes.

Data processors and other recipients of personal data

This call for evidence is hosted through an online platform owned by SocialOptic, who are a contracted supplier of DHSC. SocialOptic will delete any personal data in line with the retention and disposal periods outlined in this privacy notice, or earlier if instructed to do so by DHSC.

International data transfers and storage locations

Storage of data by DHSC is provided by secure computing infrastructure on servers located in the European Economic Area. DHSC platforms are subject to extensive security protections and encryption measures.

Storage of data by SocialOptic is provided by secure servers located in the UK.

Retention and disposal policy

We will hold your personal information for up to one year after the call for evidence closes.

Anonymised information will be kept indefinitely.

We will ask SocialOptic to securely delete the information held on their system one year after the call for evidence closes.

How we keep your data secure

DHSC uses a range of technical, organisational and administrative security measures to protect any information we hold in our records from:

• loss
• misuse
• unauthorised access
• disclosure
• alteration
• destruction

We have written procedures and policies that are regularly audited and reviewed at a senior level.

SocialOptic is Cyber Essentials certified. This is a government backed scheme that helps organisations protect themselves against the most common cyber-attacks.

Your rights as a data subject

By law, data subjects have a number of rights, and this processing does not take away or reduce these rights under the EU General Data Protection Regulation (2016/679) and the UK Data Protection Act 2018 applies.

You have a right to:

• get copies of information about you
• get information about you corrected if you think it is inaccurate
• limit how information about you is used, for example if you think it is inaccurate
• object to the information about you being used
• get information about you deleted

Some of these are not absolute rights, and continued use of your information may be necessary. We will let you know if this is the case.

Comments or complaints

Anyone who is unhappy or wants to complain about how their personal data is used as part of this programme should contact data_protection@dhsc.gov.uk in the first instance or write to:

Data Protection Officer
1st Floor North
39 Victoria Street
London
SW1H 0EU

Anyone who is still not satisfied can complain to the Information Commissioner’s Office.

Their postal address is:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Automated decision making or profiling

No decision will be made about individuals solely based on automated decision making (where a decision is taken about them using an electronic system without human involvement) which has a significant impact on them.

Changes to this privacy notice

We keep this privacy notice under review and update it if necessary. All updated versions will be marked by a change note on the main call for evidence page.