Sale of e-cigarettes must be restricted, says government

The Department for Health has published proposed regulations to restrict the sale of e-cigarettes to under-18s in England and Wales.

The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations have been proposed under the Secretary of State's power to introduce new regulations under the Children and Families Act 2014.

Commenting on the proposed regulations, Nicky Strong, a regulatory lawyer at Bond Dickinson, said: "It remains to be seen whether the current proposals will form the last piece of government regulation of the products in question, or whether further regulation of e-cigarettes and associated products will be considered going forward.

"The government has taken a clear public health stance on the issue, which may indicate this is the first step in a broader legislative process to increase restrictions on these products. Small retailers will undoubtedly feel the impact of this regulation given e-cigarettes sales have become an increasingly important source of revenue."

The regulations will extend restrictions, applicable to the sale of tobacco, to the sale of e-cigarettes and other nicotine inhaling devices. This means the minimum age a person can buy an e-cigarette or a component part, such as replacement cartridges or refills containing nicotine, will be 18.

In addition, the regulation will extend the restriction on proxy purchases to e-cigarettes, making it an offence for anyone over the age of 18 to buy an e-cigarette or component part on behalf of someone under age.

"The government has felt the need to act on the sale of such products in light of their increasing popularity across the population, including within the demographic of those aged between 11 and 18", added Strong. "Broadly speaking, the regulations seek to extend the restrictions applicable to the sale of tobacco to the sale of e-cigarettes and other nicotine inhaling devices."

The regulations will introduce a criminal offence against persons who do not comply with the proposed age restrictions.

For the sale of nicotine inhaling products to someone under the age of 18 a fine not £2,500 will be applicable. However, this may increase to £10,000 under proposals being considered by the government.

Repeat offenders found selling such products to persons under 18 can be presented with a Restricted Sales Order or a Restricted Premises Order preventing the individual or retail outlet from selling nicotine inhaling products or tobacco to anyone for up to a year.

A fixed penalty notice fine of £90 will be imposed for those involved in proxy purchasing. This penalty may be reduced to £60 if paid within 15 days.

John van der Luit-Drummond is legal reporter for Solicitors Journal