What online retailers need to know about the UK’s new tobacco ban
Jaye Hackett
Parliament has now agreed the Tobacco and Vapes Bill, which means people born on or after 1 January 2009 will never legally be sold tobacco in the UK.
Here’s what that means for online retailers:
How will the ban work?
The ban covers all tobacco products, as well as herbal smoking products and cigarette papers.
It does not ban vapes or e-cigarettes, though it does introduce new rules for where people can use them.
Anyone who can already legally buy tobacco will be unaffected. It is a ban on selling tobacco to a specific younger cohort, based on date of birth.
If someone was born on or after 1 January 2009, they are in scope. That rule is due to start on 1 January 2027, when the oldest people in that group turn 18.
That makes this law different from other kinds of age-restricted services. Because the specific date of birth is what matters, just knowing that someone is over 18 won’t be enough.
Which businesses are affected?
If you sell tobacco or any of the related in-scope products in-person or online, you will be affected.
If you sell vapes or other age-restricted products not included in the new ban, then not much has changed.
More broadly, this is one more signal that if you deal in age-restricted products or services at all, now is the time to introduce proper age checks that can cope with changing laws.
When do I need checks to be in place?
The new rules will kick in on 1 Jan 2027, when those affected turn 18.
By this date you need to have a system in place that can accurately assure age and ensure you only sell to the right customers.
At the time of writing, that’s just eight months away, so now is the time to think about how you’ll stay on the right side of the law.
How can I verify age?
You will need to introduce proper age assurance, similar to what other age-restricted products and services have used since the Online Safety Act went live last year.
There is a variety of methods:
- inference from a user’s online or financial activity, which they give consent to chare
- facial age estimation from a live video selfie
- age verification using an existing digital or photo ID they share
As this new ban involves a specific birth date, not just whether the customer is over 18, it’s likely that the third method will become more important as the cohort ages.
It’s likely that the government will require, or at least strongly encourage that retailers use a verifier that is listed on the digital verification services register. These companies are audited against strict rules to make sure their technology works and they handle sensitive data properly.
What you can’t get away with
You will not be able to get away with just asking the consumer to self-declare their age. You will need a way to independently confirm it.
Existing age assurance systems that only confirm if a customer is over 18 will also be insufficient.
Don’t try to build age verification from scratch yourself. The technology is well outside the wheelhouse of most businesses that don’t specialise in it, not to mention the added compliance burden.
The best approach is to use a well-established, reputable age assurance platform that is already certified to the government’s trust framework.
Vouchsafe is the fastest-growing age verifier in the UK, and is certified to government rules. Customers can prove their age online with a range of physical and digital evidence.
It is simple to integrate with no-code tools, and has a free 14 day trial, with no credit card needed. Sign up or book a conversation to discuss your age assurance needs.
