Westminster has enacted the Tobacco and Vapes Act, which introduces a generational ban on tobacco sales across the United Kingdom. From January 1 2025, tobacco products can be sold only to people born before January 1 2009. The measure raises the minimum purchase age by one year each year thereafter.

The legislation also restricts vape and nicotine product sales to under-18s from October 2024. Stormont granted consent to the Act last year under the convention that requires assembly approval for UK-wide laws affecting devolved matters. Only People Before Profit and Traditional Unionist Voice opposed consent.

The Windsor Framework applies EU single market rules to Northern Ireland, including the Tobacco Products Directive. Denmark abandoned a similar generational ban in 2022 over potential conflicts with those rules. Seven EU member states have filed objections to the UK plan: Croatia, Czechia, Greece, Italy, Portugal, Romania and Slovakia.

The European Commission has not yet ruled on the UK notification. Any person or company can challenge the measure through Northern Ireland courts under the Windsor Framework dispute process.

The Act requires a new retail licensing scheme enforced by local councils. Enforcement of age restrictions and anti-smuggling measures will involve the PSNI, the National Crime Agency and the Joint Agency Task Force with Irish authorities.

Different age limits on each side of the border could increase smuggling risks. Paramilitaries and criminal gangs already involved in illicit tobacco sales stand to benefit from expanded black market opportunities.