How to understand tobacco and vape display regulations

To comply with UK law, you must keep all tobacco products, including cigarettes, cigars, and rolling tobacco, completely hidden from public view inside your shop. Vaping products have separate rules and can be displayed, but you must still follow strict regulations on product type and advertising. Getting this wrong can lead to a criminal record, a heavy fine, or even imprisonment.

The Tobacco Display Ban: What You Must Do

The law is designed to protect children and reduce the appeal of smoking. It means that customers should not be able to see any tobacco products or their packaging until the moment you hand them over for purchase.

1. Keep It Covered: All tobacco products must be stored out of sight. The most common solution is a purpose-built gantry with sliding doors or shutters that are kept closed at all times, except during a sale or restocking. You can also use drawers or cupboards behind the counter.
2. Price Lists Are Allowed (With Rules): You can show customers a price list, but it must follow a strict format. The list can only show the product name and price. It cannot include any branding, logos, colours, or pictures. The text must be in a standard, plain font.
3. Display the Statutory Notice: You are legally required to display an A3-sized notice that states, "It is illegal to sell tobacco products to anyone under the age of 18". This must be clearly visible to customers at the point of sale.

What happens during a sale?

When a customer asks for a specific product, you can open the gantry to retrieve it. This temporary display is allowed. However, you cannot leave the gantry open for browsing. If a customer is unsure which product they want, you can show them a few different packs, but this should be a brief and direct part of the sales process.

Rules for Vaping and E-Cigarette Displays

The rules for vapes (also known as e-cigarettes) are different and currently less strict than for tobacco. You can have vaping products on open display where customers can see them.

However, there are still important restrictions you must follow to ensure you are selling legal, compliant products:

• Product Specifications: You can only sell products that meet the standards set by the Medicines and Healthcare products Regulatory Agency (MHRA). This means e-liquid bottles can be no larger than 10ml, and the nicotine strength cannot exceed 20mg/ml. For disposable vapes or those with built-in tanks, the tank capacity cannot be more than 2ml.
• Advertising Restrictions: While you can display the products, you cannot run special promotions or advertisements for nicotine-containing e-cigarettes away from the till area. All marketing must be factual and not aimed at non-smokers or young people.
• Supplier Trust: It is vital to use reputable UK-based suppliers who can guarantee their products are fully compliant and registered with the MHRA. Selling illegal, oversized, or overly strong vapes carries significant penalties.

Crucial Point: The responsibility for ensuring every product you sell is legal falls on you, the retailer. Pleading ignorance that a supplier sold you non-compliant stock is not a defence.

Key Differences at a Glance

This table summarises the main rules for tobacco and vaping products side-by-side.

Feature	Tobacco Products	Vaping / E-Cigarettes
Public Display	Strictly forbidden. Must be hidden from view.	Allowed. Can be on open shelves.
Price Display	Text-only price list with no branding.	Prices can be displayed on the shelf edge.
Statutory Notice	A3 'Under 18' notice is mandatory.	No specific notice required, but age verification is.
Key Restriction	Must be kept in closed cabinets/gantries.	Products must meet MHRA rules (e.g., max 2ml tank, max 20mg/ml nicotine).

Practical Tips for Compliance

• Train Your Staff: Your staff are on the front line. Ensure they understand all these rules, especially the importance of keeping the tobacco gantry closed. Their actions are your responsibility.
• Age Verification: These display rules go hand-in-hand with preventing underage sales. A strict 'Challenge 25' policy is essential for both tobacco and vapes.
• Stay Informed: Laws can change. Keep an eye on guidance from trade bodies like the Association of Convenience Stores (ACS) or the government to stay up-to-date.