
While the UK government’s justification for the generational ban is rooted in public health, the policy also raises potential legal implications and unintended consequences. Photo credit: Pixabay
The United Kingdom is on the verge of becoming the world’s first country to implement a generational smoking ban. On November 26, 2024, the Tobacco and Vapes Bill, which includes provisions to prohibit the sale of cigarettes and other tobacco products to anyone born after January 1, 2009, passed its second reading in the House of Commons with overwhelming support—415 votes in favor and 47 against. The second reading is a critical stage in the legislative process, allowing Members of Parliament (MPs) to debate the general principles and purpose of the bill. With this hurdle cleared, the bill is now awaiting its report stage and third reading in the House of Commons, with dates yet to be announced. During these stages, MPs will have the opportunity to suggest amendments to aspects of the bill they disagree with.
In addition to the generational ban, the bill also introduces a licensing scheme for retailers to sell tobacco, vape, and nicotine products across England, Wales, and Northern Ireland. It includes a total ban on the advertising and sponsorship of vape products and proposes, subject to consultation, a potential ban on the sale of sweet vape flavors.
The concept of a generational smoking ban has been part of the tobacco control community’s discussions since the early 2010s. This approach forms a key part of the ‘tobacco endgame’, which seeks to create a smoke-free society. The UK government is said to have been inspired by New Zealand, whose previous government passed similar legislation in 2022 to ban tobacco sales to individuals born after 2009. However, New Zealand’s current government repealed the law in 2023 before it could take effect in order to fund tax cuts.
The UK government claims that the generational smoking ban will significantly reduce smoking initiation rates and, over time, lower overall smoking prevalence. This, in turn, would dramatically reduce the costs of smoking to the economy and wider society, estimated at £17 billion annually—far exceeding the annual tax revenue from tobacco product sales. The policy could also result in fewer smoking-related diseases and relieve the National Health Service (NHS) by an estimated £3 billion each year.
While the government’s justification for the ban is rooted in public health, the policy also raises potential legal implications and unintended consequences. By creating a system where older individuals can legally purchase tobacco while younger generations cannot, the ban may face challenges under the Equality Act 2010, which prohibits age discrimination. Furthermore, the tobacco industry may dispute the ban under World Trade Organization (WTO) rules, arguing that it creates unfair trade barriers.
The introduction of age-restricted tobacco sales is also expected to significantly impact the UK’s illicit tobacco market. To effectively enforce the ban and prevent illegal distribution to restricted age groups, robust enforcement mechanisms will be necessary. To address the potential rise in illicit tobacco trade, the government has allocated over £100 million in funding over the next five years to bolster the enforcement capabilities of HM Revenue and Customs (HMRC) and Border Force.
If the legislation is approved, the smoke-free generation policy is set to take effect on January 1, 2027.