Vapes could have an age-test so they don't work unless you prove you are over 18

E-cigarettes or vapes should be fitted with technology forcing users to prove their age before taking a puff, according to a former Health Secretary. The proposal from Andrew Lansley is one of a number of measures to toughen up the Government’s smoking ban backed by members of the House of Lords.

Critics say the Tobacco and Vapes Bill, which will ban anyone born after Jan 1 2009 from buying any tobacco product, is set to place shop staff at risk and lead to a massive spike in black-market sales, as well as costing the Government billions in lost tax revenues. But members of the Lords have tabled a series of amendments including a total ban on tobacco for people of any age from 2040; introducing a minimum price of £30 for vaping products, and ensuring health warnings are printed on every individual cigarette as well as packaging.

Lord Lansley’s proposal would make it an offence “for a tobacco retailer who sells vapes on premises in England to sell vapes that do not contain approved age-gating technology.”

It would mean fitting vapes, electronic devices that deliver nicotine in a vapour, with bluetooth chips allowing them to connect to mobile phones. The device would be designed so that it could not be used unless an app on the phone confirmed that the user had proved their age.

This could also prevent vapes being operated in certain locations, such as near schools or hospitals.

The generational tobacco ban, originally proposed by former Conservative Prime Minister Rishi Sunak and adopted by Labour, effectively comes into force on Jan 1 2027, which is when the minimum age limit will begin to rise from 18.

Peers in the House of Lords are to consider amendments to the legislation, and any that are approved will then be debated in the House of Commons.

But critics say some of the measures, including giving Ministers the power to ban flavours of vapes thought to appeal to children, could actually undermine the effort to stop people smoking by making them less likely to switch to e-cigarettes. According to the NHS, vaping is not completely risk-free, “but it poses a small fraction of the risk of smoking cigarettes”. The official NHS website states: “Many thousands of people in the UK have already stopped smoking with the help of an e-cigarette.”

Critics have warned that attempting to ban smoking will encourage a black market in illicit sales. The Australian Association of Convenience Stores has written to MPs warning that tough anti-smoking laws in their country “have unintentionally created one of the largest illicit tobacco markets in the world.” It said: “Instead of reducing tobacco consumption, these measures have incentivised organised crime syndicates to exploit demand, leading to severe consequences for communities and businesses.”

Meanwhile the UK’s own Association of Convenience Stores is concerned that shop staff will face abuse if they ask smokers to prove their age or refuse to sell products. It said in its own submission: “We must avoid a situation where consumers are finding out about the generational tobacco ban for the first time when they walk into shops.”

New Zealand has already scrapped its own generational ban, which inspired the British legislation, partly due to fears about the impact on tax revenues. Tobacco duties are expected to raise £8.1 billion for the Treasury in 2025-26.