The government has launched a consultation on proposed restrictions relating to the packaging, appearance and retail display of tobacco, vaping and nicotine products, following the enactment of the Tobacco and Vapes Act 2026.
Forecourt retailers should be aware of the proposals, which will require significant changes to product presentation, merchandising and store layouts. While the measures are currently at consultation stage, they provide an indication of the direction of travel for future regulation.
Plain packaging extended beyond cigarettes
The government is proposing to extend the standard packaging requirements that apply to cigarettes and hand-rolling tobacco to a wide range of products, including cigars, cigarillos, pipe tobacco, smokeless tobacco, heated tobacco products, heated tobacco devices, herbal smoking products and cigarette papers.
Vape devices and packaging could also be restricted to plain white, black or grey colouring with a matt finish and no decorative lights. Branding, imagery and artwork would be limited to a single standardised brand name.
The government is also proposing to prohibit vape devices that resemble products such as water bottles, gaming devices or stationery items. Flavours are proposed to be restricted to a single recognised flavour descriptor such as “strawberry” or “apple”. Concept names, sensory descriptions and references to confectionery, desserts, alcohol and soft drinks could all be prohibited.
The government has indicated that it will allow a minimum implementation period of 12 months from publication of the final requirements.
New display restrictions for retailers
The consultation also contains proposals that would directly affect retail environments.
Currently, tobacco products are generally concealed from view but vaping and nicotine products remain openly displayed in many stores. The government is now proposing to extend display restrictions across a broad range of products: cigarette papers, heated tobacco devices, herbal smoking products, vaping products and nicotine products. Product displays would be restricted to behind-the-counter locations, with a maximum visible area of 1.5 metre square and tightly controlled allowances for staff training, restocking and customer enquiries. The current restrictions on tobacco price displays may also be extended to these additional product categories.
Unlike the packaging and product appearance proposals, the government expects retailers could implement display changes more quickly and is proposing a minimum implementation period of six months.
What should retailers do now?
Although none of the proposals have yet become law, retailers should begin considering the operational impact that these changes could have on their businesses.
In particular, retailers that stock vaping and nicotine products will want to assess current product displays, shelving arrangements and merchandising strategies. Businesses should monitor developments closely, as the consultation response is likely to inform a substantial package of regulations intended to be introduced in the autumn.
The consultation closes on October 2, 2026. Businesses affected by these proposals may wish to respond directly, particularly where there are practical concerns regarding implementation timescales, store layouts, stock management or customer purchasing processes.
Taken together, these proposals represent one of the most significant expansions of tobacco and vaping regulation in recent years and are likely to have far-reaching consequences across the retail sector.
- Written by Winkworth Sherwood’s senior partner Robert Botkai, and trainee solicitor Evie Mollitt.
- Neither of Winckworth Sherwood or Forecourt Trader shall be liable for any decision or action taken on the basis of this column. Nothing in this article constitutes legal advice or gives rise to a solicitor/client relationship. Specialist legal advice should be taken in relation to specific circumstances.
