Display restrictions to products and prices for herbal smoking products, heated tobacco devices, vaping and nicotine products in Scotland - Partial Business and Regulatory Impact Assessment

Section 1: Background, aims and options

Background

Tobacco and Vapes Act 2026 (the 2026 Act)

On 29 April 2026 the UK-wide Tobacco and Vapes Bill was granted Royal Assent (“the 2026 Act”). The 2026 Act is central to Scottish Government’s tobacco and nicotine control policy and means that no one born on or after 1 January 2009 can ever legally be sold tobacco products, herbal smoking products or cigarette papers in the UK.

From 1 June 2027, an advertising ban on vapes and nicotine products will be introduced which will prevent these products from being deliberately promoted and advertised to children to stop the next generation becoming hooked on nicotine.

The 2026 Act also provides powers to legislate on flavours, displays and packaging of vapes and nicotine products.

Medicinally licensed nicotine products, such as Nicotine Replacement Therapy (NRT), are regulated by the Medicines and Healthcare products Regulatory Agency (MRHA) and are not in scope of the measures within the 2026 Act.

Partial Business and Regulatory Impact Assessment

This Partial Business and Regulatory Impact Assessment (BRIA) sets out an initial assessment of the impact of proposals to restrict where shops can display:

• herbal smoking products
• heated tobacco devices
• vaping and nicotine products

The proposals as set out in the UK-wide consultation meet the Scottish Government’s commitment to consult on the retail displays of vapes and nicotine products within the first 100 days in Government.

This partial BRIA is in addition to the UK Government led impact assessments for proposals, which cover relevant UK-wide changes as well as proposed changes that affect England. These assessments can be found here.

In Scotland, under existing legislation, tobacco products already cannot be on display in a place where they are offered for sale. This existing ban will remain in place.

Display restrictions in Scotland also cover 'smoking related products'. Smoking related products include:

• cigarette papers
• cigarette tubes
• filters that do not form part of a tobacco product or herbal smoking product
• apparatus for making cigarettes
• cigarette holders
• pipes for smoking tobacco products (which would include waterpipes like shishas)

The display of smoking related products is already banned in Scotland in places where tobacco products are offered for sale. Smoking related products are considered to cover all tobacco related devices used for smoking currently on the market. This existing ban will remain in place.

Tobacco products and smoking related products can be shown to a customer following a request, this is referred to as a requested temporary display. As a result of a requested temporary display, other people nearby may also incidentally see these products. Current legislation in Scotland also makes allowances to enable restocking, staff training, pricing and display unit maintenance where necessary.

The maximum visible area of a display unit allowed as a result of a requested temporary display of tobacco products and smoking related products in Scotland is 0.1 square metres. This is roughly the length of 8 to 12 cigarette pack facings. The maximum visible area of display unit permitted as a result of an incidental display is the same as for requested temporary displays.

The requested temporary display of tobacco products and smoking related products widely takes place from behind a sales counter. The consultation proposes making this a legal requirement in Scotland. This is to prevent tobacco products and smoking related products from being seen in display units in other areas within a shop, such as on the end of aisles. In practice this will mean that tobacco products and smoking related products will be in closed display units behind a sales counter, or somewhere else in a shop that is not visible to customers like in a drawer under the counter, as is already common practice.

The existing display restrictions in Scotland do not cover vaping and nicotine products, heated tobacco devices or herbal smoking products.

The consultation proposes to ban the display of vaping and nicotine products, heated tobacco devices and herbal smoking products in Scotland. As part of this, the Scottish Government propose that the restrictions and allowances that apply to the display of tobacco products should apply to these products too. This includes:

• restricting the display of products in places where they are offered for sale
• allowances for incidental displays and requested temporary displays
• permitting the same maximum visible areas (0.1 square metres)

The Scottish Government also propose that the requested temporary display of these products should only be allowed from behind a sales counter, and not another location within a shop, in the same way as proposals are being made to make this a legal requirement for tobacco products and smoking related products.

To make it more practical for the retailers of waterpipes like shishas to comply with regulations due to their size, the Scottish Government are also proposing an expansion of the maximum permitted area of display as a result of a requested temporary display or incidental display for waterpipes.

Evidence

The evidence indicates a clear public health rationale for restricting the display of vaping and nicotine products, heated tobacco devices and herbal smoking products, based on patterns of use, potential health harms, and the influence of retail environments on behaviour.

Vaping products

In Scotland, the use of vapes has increased in recent years, particularly among children and young people, and adults living in areas of higher deprivation, although this upward trend now appears to have stabilised.^[1]

Adult prevalence rose from 5%-7% between 2014 and 2021, to 10%-12% since 2022. In 2024, prevalence was 10%, with the highest rates among those aged 16-24 (18%), and people living in the most deprived areas (13% compared to 7% in the least deprived areas).^[2]

Despite the illegality of sales to under-18s, in 2025 7.3% of adolescents aged 11-17 reported current vape use and 19.5% reported ever having used vapes (similar to 2024).^[3]

While vaping is considered less harmful than smoking, due to substantially reduced exposure to combustion-related toxicants, it is not risk-free and its long-term health effects remain uncertain.^[4]

Most vaping products contain nicotine, a highly addictive substance that can lead to withdrawal symptoms such as irritability, depression, increased hunger, difficulty concentrating and insomnia.^[5] Although some scholars conclude that nicotine poses relatively few direct risks to health when considered in isolation^[6], other studies associate it with adverse effects on the cardiovascular system^[7], as well as on developmental and reproductive health^[8].

There is also evidence suggesting that nicotine may have carcinogenic potential, and could contribute to cancer progression and treatment resistance.^[9] In addition to nicotine, vaping products contain other substances (e.g. propylene glycol) and metal components (e.g. coils), which contribute to their toxicity.^[10] Exposure to these can lead to oxidative stress, DNA damage and respiratory adverse effects, as well as immunological disruptions that may increase the risk of respiratory infections, chronic inflammatory diseases and autoimmune conditions.^[11]

It is acknowledged that vaping products can be effective tools for smoking cessation when smokers completely switch^[12] (as dual use may instead prolong smoking and could be more harmful than exclusive cigarette use^[13]). Vapes are currently the second most commonly used cessation aid (19% of recent quit attempts), following nicotine replacement therapy (NRT) products (23%).^[14] However, their uptake among non-smokers, especially young people, raises concerns about harms and the creation of new pathways into nicotine addiction.

Scottish Government maintains a low-risk approach to these products.

Nicotine products

A similar pattern can be observed in the growth in use of nicotine products, such as nicotine pouches. While current use of nicotine pouches remains low (around 1% of adults in Great Britain), uptake has increased in recent years, particularly among young men, with experimentation estimated at approximately 6%.^[15] Among Scottish adolescents aged 11-17, 3% reported ever use in 2025.^[16]

The chemical composition of nicotine pouches suggests that they contain fewer harmful/potentially harmful compounds, and at lower levels than those found in cigarettes. However, independent analyses have identified up to 180 chemicals within these products.^[17]

Emerging research indicates that nicotine pouches may be associated with mild respiratory symptoms (such as shortness of breath and cough)^[18] and adverse oral health outcomes (e.g. oral lesions, gingival blisters and gum recession)^[19]. As with vaping products, their primary ingredient is nicotine, which is highly addictive^[20] and associated with adverse cardiovascular^[21], developmental and reproductive effects^[22], and potential carcinogenic processes^[23].

Notably, there is currently no evidence supporting the effectiveness of nicotine products as smoking cessation aids. This further raises concerns about their potential to create new pathways into nicotine addiction.^[24]

Scottish Government maintains a low-risk approach to these products.

Heated tobacco products

While the display of tobacco products, including heated tobacco sticks, is already prohibited under existing legislation, the proposal relates to the display of heated tobacco devices. As these devices are intrinsically linked to the consumption of tobacco products, they cannot be considered separately from them. Evidence on prevalence of use and associated health harms therefore focuses on heated tobacco products, as this provides the most relevant context for assessing the rationale for restricting the display of the devices.

Use of Heated Tobacco Products (HTPs) remains rare in Great Britain, with 0.7% of adults reporting current use and 3.3% reporting ever use in 2025.^[25] Among Scottish adolescents aged 11-17, 1.5% reported ever having used these products in 2025.^[26]

Despite low prevalence, the risk profile of HTPs remains a concern. Although some studies suggest that they may be less harmful than conventional cigarettes, much of this evidence is industry-funded and presents limitations, including the selective inclusion of specific constituents only in analyses.^[27]

HTPs contain nicotine, as well as harmful constituents also found in conventional cigarettes (e.g. tar, carbon monoxide, and tobacco-specific nitrosamines), alongside other chemicals such as propylene glycol which are also used in vaping products.^[28]

As noted earlier, nicotine is highly addictive^[29] and is associated with adverse cardiovascular^[30], developmental and reproductive effects^[31], as well as potential carcinogenic processes^[32]. The harms of the thousands of constituents found in tobacco smoke are well established, and include cancer risk, heart and respiratory disease, and stroke.^[33] Additional chemicals such as propylene glycol (added to enable aerosol formation) have been linked to damage to the respiratory system and oxidative stress.^[34] Taken together, the combined exposure to these substances may result in acute respiratory and cardiovascular impacts, as well as oxidative stress and inflammation, which may contribute to chronic respiratory and cardiovascular diseases and cancer risk.^[35]

Evidence also suggests that HTPs are not effective for smoking cessation and may instead enable continued nicotine use in settings where smoking is restricted, potentially reinforcing dependence.^[36]

Scottish Government maintains a low-risk approach to these products.

Herbal smoking products

Use of herbal smoking products is considered to be low in the general population, although data are missing.

Despite being advertised as safer, nicotine-free alternatives to tobacco cigarettes, herbal smoking products also present comparable or higher risk potential.^[37] They can generate substantial levels of toxicants, including carbon monoxide, polycyclic aromatic hydrocarbons, volatile aldehydes and heavy metals, which are also present in tobacco smoke and are associated with adverse health effects such as carcinogenicity and impaired reproductive function.^[38]

Despite the absence of nicotine, herbal smoking products may pose significant health harms and should not be used as a method for smoking cessation.

Scottish Government maintains a low-risk approach to these products.

Display impacts

In light of the health harms associated with vaping, nicotine, heated tobacco and herbal smoking products, and the increasing uptake of some of these, particularly among young people, the Scottish Government have reviewed the evidence on how their visibility in retail environments influences behaviour.

The introduction of the tobacco display ban in the UK between 2012 and 2015 was followed by a decline in adult smoking prevalence, potentially attributable to reduced impulse purchases, particularly among smokers who had recently attempted or intended to quit.^[39] The ban was also associated with reduced smoking susceptibility among underage children, likely due to decreased visibility and accessibility of products, lower brand awareness and reduced pro-smoking attitudes.^[40] These findings are consistent with the wider international evidence base.^[41]

Emerging evidence suggests similar dynamics for vaping products. Qualitative research indicates that young people perceive vaping as more normalised than smoking, partly due to greater exposure to vapes in retail environment.^[42] The VAYPA study (2025) found that young people were more likely than adults to notice and respond positively to vapes displayed in a shop window. Young people also interpreted behind-the-counter placement as an indicator that products are age-restricted, while adults supported such placement as expected and appropriate, and did not view it as affecting access.^[43]

While evidence on the role of retail displays in promoting awareness and use of nicotine, heated tobacco and herbal smoking products remains limited, a broader evidence base shows that exposure to marketing contributes to the normalisation of nicotine use, increased susceptibility and intention to try products, and misperceptions of harm. Adolescents are particularly vulnerable to these influences, as they are more likely to notice marketing than adults and may be less able to critically assess its intent.^[44]

Existing regulations

The Tobacco and Primary Medical Services (Scotland) Act 2010 made it an offence to display tobacco products and smoking related products in the course of business. Tobacco products cannot be on display in a place where they are offered for sale. The existing ban will remain in place.

Display restrictions also apply to smoking related products, but only in premises where tobacco products are also for sale. Smoking related products include:

• cigarette papers
• cigarette tubes
• filters that do not form part of a tobacco product or herbal smoking product
• apparatus for making cigarettes
• cigarette holders
• pipes for smoking tobacco products (including waterpipes like shishas)

They are considered to cover all tobacco related devices used for smoking currently on the market.

Shops with a selling area larger than 280 square metres (classified as ‘large shops’) were required to fully comply with the law by 29 April 2013, while shops with a selling area smaller than 280 square metres (classified as ‘small shops’) were required to be fully compliant by 6 April 2015.

Tobacco products and smoking related products can be shown to a customer following a request; this is referred to as a requested temporary display. As a result of a requested temporary display, other people nearby may also incidentally see these products. Current legislation in Scotland also makes allowances to enable restocking, staff training, pricing and display unit maintenance where necessary; this an incidental display.

The maximum visible area of a display unit permitted as a result of a requested temporary display or incidental display of tobacco products and smoking related products is 0.1 square metres.

In all four nations of the UK, there are currently no restrictions on the display of vaping products, non-medicinal nicotine products, herbal smoking products or heated tobacco devices. Retailers, therefore, are currently permitted to display these products in any location within a shop.

Current exemptions

Trade premises

In Scotland it is permitted to display tobacco products or smoking related products and their prices in the course of business involving the sale of tobacco products to people working in the tobacco trade. For example, tobacco products may be displayed inside a manufacturer’s premises when staff from a wholesaler come to buy tobacco products.

Specialist tobacconists

Specialist tobacconists are permitted to display tobacco products (excluding cigarettes and hand-rolling tobacco) and smoking related products as long as they are not visible from outside the premises. The display must also include a tobacco product health warning notice.

Prices can be displayed but, where prices are visible from the outside the specialist tobacconist, there can only be one visible price list and prices must be presented in a consistent format using prescribed fonts and sizes and can only include, the brand name of the product, the number of units in the package or the net weight of the product and the price of the product.

The information displayed for cigars can include the country of origin and dimensions. For pipe tobacco, it can include the cut and type of tobacco used.

Bulk tobacconists

Tobacco products and smoking related products can be displayed in bulk tobacconists, including duty-free tobacco areas, as long as they are not visible from outside the tobacco area. A bulk tobacconist is a shop that sells tobacco products (and may also sell other products) in large quantities.

For example, at least 90% of a bulk tobacconist's cigarette sales must be from pre-packaged quantities of 200 or more cigarettes in their original package and the remainder must be in pre-packed quantities of 100 or more cigarettes in their original package. Bulk tobacconists can be open to the public, including to children and young people.

Examples of retailers that use the bulk tobacconist exemption are duty-free shops, which also stock products aimed at children, for example toys, sweets and confectionary.

The rationale for action

By reducing product visibility and restricting displays, the Scottish Government aim to support a continued decline in smoking prevalence, which has recently stalled, and prevent uptake of related health harming products, including heated tobacco or herbal smoking products. The existing policy also aims to discourage the initiation of vaping or nicotine product use among non-smokers, particularly children and young people to reduce the risk of nicotine addiction.

Further restrictions may also reduce opportunities for dual use of cigarettes and other nicotine products (e.g. situational rather than substitutive use, where different products are used in contexts where others are prohibited), which is common^[45] and associated with sustained nicotine dependence and continued exposure to harm rather than harm reduction.

The UK-wide Creating a smokefree generation and tackling youth vaping consultation highlighted strong support for these measures: 71.5% of respondents in Scotland agreed that vapes should be kept behind the counter and not displayed, and 55.6% supported regulating other consumer nicotine products (such as nicotine pouches) under a similar framework.

The requested temporary display of tobacco products and smoking related products widely takes place from behind a sales counter. The Scottish Government propose making this a legal requirement in Scotland. This is to prevent tobacco products and smoking related products from being seen in display units in other areas within a shop, such as on the end of aisles.

In practice this would mean that tobacco products and smoking related products will be in closed display units behind a sales counter, or somewhere else in a shop that is not visible to customers, like in a drawer under the counter. The Scottish Government propose that this would also apply to vaping, nicotine and herbal smoking products

A new proposal is necessary because, despite existing measures, the evidence presented earlier indicates that youth vaping prevalence has increased in recent years, suggesting that current approaches have not been sufficient to prevent uptake among children and young people. Therefore, further government intervention is required to tackle youth vaping and reduce the associated health risks.

For vaping and nicotine products, some voluntary action has been taken by businesses, particularly by larger retailers where vaping and nicotine products are displayed behind a sales counter. However, this is not indicative of the retail sector as a whole, where vape displays are still commonly strategically positioned to attract impulse purchases.

There is also little commercial incentive for some vape retailers to limit the display of their products, since this can provide a competitive advantage in the market. As such, voluntary action by businesses has been insufficient to address the visibility and promotion issue of vaping and nicotine products in retail settings.

Whilst communication campaigns on the harm to children and young people, and education support through the Curriculum for Excellence substance abuse programme have some impact, young people have told the Scottish Government themselves that, despite viewing vapes as being as harmful to health as smoking^[46], vapes are perceived as cool^[47] and many feel peer pressure to vape^[48]. This suggests that awareness of health harms is not a sufficient deterrent to prevent young people from starting to vape, and that relying solely on educational campaigns would be ineffective.

In the ASH SmokeFree GB Youth survey 2025 79.0% of participants from Scotland supported a ban of advertising and promotion of vapes at point of sale. ^[49]

Alignment with policy frameworks

This work is aligned with Scotland’s Population Health Framework, which puts prevention at the heart of health policy development and is underpinned by actions set out under the Tobacco and Vaping Framework.

International evidence

The World Health organisation (WHO) Framework Convention on Tobacco Control (FCTC) is an international strategy for tobacco control. Article 13 of the FCTC outlines measures to restrict or ban tobacco advertising, promotion and sponsorship, including display at retail locations.^[50] The FCTC further recognises that the display and visibility of tobacco products at points of sale constitute forms of advertising and promotion and therefore recommends that they be prohibited.

Internationally, some countries who have not implemented outright bans apply display restrictions that extend beyond cigarettes to cover a broader range of products.^[51]

There are varied approaches to regulating the display of vaping products. Some countries, such as Canada, New Zealand, Finland, Denmark, the Netherlands, Iceland, Estonia and Slovenia, prohibit the visual display of vaping products within stores. Among these, some (e.g. New Zealand and Denmark) extend this to online retailers, and others (e.g. Denmark, Finland, Iceland, Estonia and the Netherlands) provide some form of exemption to specialist retailers.

There has been more limited international action to restrict the display of nicotine products, such as pouches. In some countries, including Denmark, Estonia and Iceland, display restrictions for vaping products have been extended to nicotine products.

There is a small number of countries which have explicitly included heated tobacco products in display legislation. Some, such as New Zealand, Finland, Iceland and Moldova, prohibit the display of heated tobacco products. Others provide exemptions for specialist retailers (e.g. Israel) or restrict how products can be displayed (for example, in Canada and Ukraine, they cannot be sold from self-service shelves and must be kept out of reach of consumers).

In most cases, herbal smoking products are not explicitly addressed in legislation and are only subject to display restrictions where they are captured under broader definitions of tobacco, tobacco substitutes, or smoking-related products, as seen in countries such as Finland, Iceland, Israel and New Zealand.

Purpose

As part of a wider 4 nations consultation, the Scottish Government is consulting on proposals to extend the existing tobacco product display restrictions, including the regulations on the display of prices, so that they cover all herbal smoking products, heated tobacco devices, vaping and nicotine products.

The primary aim of this policy is to reduce the visibility, youth appeal and promotion of these products. The changes will also provide consistency for businesses in how these different products should be displayed.

The following section sets out three options that the Scottish Government has considered to support its aim at reducing the visibility, youth appeal and promotion of these products in response to the rationale for action.

Options considered

Option 1: Minimum placement restrictions (not recommended)

• Ban the display on the end of aisles, promotional stands/displays and shop windows for all herbal smoking products, heated tobacco devices, vaping products and nicotine products.
• Allow exemption for limited displays of vapes and nicotine products in community pharmacies.
• Mirror existing exemptions for trade premises for tobacco products to all other products.
• At least a 6-month implementation period.

Option 2: Placement behind counter for all products

• Require displays of all herbal smoking products, heated tobacco devices, vaping products and nicotine products to be placed behind a counter.
• Ban the end of aisles and promotional stands/displays for all products.
• Allow an exemption for limited displays of vapes and nicotine products in community pharmacies.
• Mirror existing exemptions for trade premises for tobacco products to all other products.
• At least a 6-month implementation period.

Option 3: Mirror existing displays restrictions for Tobacco Products. (Preferred)

• Restrict the shop-floor display of all herbal smoking products, heated tobacco devices, vaping and nicotine products.
• Limit the maximum visible area of a display unit permitted (as a result of a requested temporary or incidental) display of tobacco products and smoking related products to 0.1 square metres. This would apply across all herbal smoking products, heated tobacco devices, vaping and nicotine products.
• Expand the limit for the maximum visible area of display unit permitted as result of a requested or incidental display for waterpipes, like shishas.
• Allow exemption for limited displays of vapes and nicotine products in community pharmacies.
• Mirror existing exemptions for trade premises for tobacco products to all other products.
• Remove the current exemption allowing for the display of tobacco products and smoking related products and to not replicate it for any other products in scope of the consultation in bulk tobacconist settings, for example in wholesalers that are open to the public and are accessible to children and young people.
• Restrict the display of prices for heated tobacco devices, herbal smoking products.
• Restrict the display of prices for vaping products and nicotine products allowing price lists which include nicotine strength and ingredients.
• Separate price lists must be used for vaping and nicotine products and for tobacco products, for both permanently displayed price lists and picture prices lists, to clearly distinguish between them.
• At least a 6-month implementation period.

The proposals set out under Option 3 form part of the public consultation, and responses received will inform the development of draft regulations. As such, the costs and impacts outlined here are preliminary.

Evidence gathered through consultation responses will, where relevant, be used to refine and finalise the policy approach to restricting the display of these products. There will also be further opportunity to help shape the regulations and this BRIA should not be taken as the final policy.

Preferred option

Subject to the outcome of the consultation, the Scottish Government propose to:

1. bring forward regulations that will prohibit the display of all vaping products, nicotine products, herbal smoking products and heated tobacco devices in the course of business.

2. carry forward the limited exemptions allowing for sale and business management. Products must, therefore, be out of sight in closed units or in areas that are not visible to customers (except where permitted by specific exemptions).

3. introduce a legal requirement that the requested temporary display of tobacco products, smoking related products, heated tobacco devices, herbal smoking products, vaping and nicotine products must take place from behind a sales counter in Scotland.

4. expand the maximum visible area of display unit permitted as a result of a requested or incidental display for waterpipes like shishas. This is intended to make it more practical for the retailers of waterpipes like shishas to comply with regulations due to their size.

5. introduce a maximum visible area of display unit permitted as a result of a requested or incidental display of herbal smoking products, heated tobacco devices, vaping and nicotine products in Scotland which would be 0.1 square metres – the same as for tobacco products.

Options considered – products in scope

The recommended approach includes all tobacco products, heated tobacco devices, vaping products, nicotine products and herbal smoking products. It does not include medicinal nicotine products.

In minimum scenarios the Scottish Government considered limiting the scope of display regulations to vapes only, or nicotine products only, excluding non-nicotine vapes. These were discounted as they would not meet the aims in the Tobacco and Vaping Framework to reduce the appeal of all vaping and nicotine products to young people and adult non-smokers. The broad scope of products in scope ensures consistency across all nicotine related products.

Similarly, if device components (e.g., coils, mouthpieces, pods) sold separately to the device were not included in scope, this would risk undermining the effect of standardised display of the device, as industry could continue promoting these products with appealing displays.

Table 1: Products considered to be in scope

Option

Vapes only

Assessment of impact

This would not support the actions set out in the Tobacco and Vaping Framework to reduce the appeal of all vaping and nicotine products to young people and adult non-smokers. It would also not support the low-risk approach to these products by limiting the wider risk of harm from vaping and nicotine products through reducing the visibility of these products and therefore the appeal and attractiveness to young people and adult non-smokers.

Option

Nicotine vapes and nicotine products only

Assessment of impact

As with the vape-only option it would not support the aims of the Tobacco and Framework to reduce the appeal of all vaping and nicotine products to young people and adult non-smokers

Option

All vapes and nicotine containing products

Assessment of impact

Only partially meets the aims of the Tobacco and Vaping Framework to reduce the appeal of all vaping and nicotine products to young people and non-smokers. Not including accessories that are sold separately would mean that display is not standardised across this product range, allowing promotion to continue and therefore not fully reducing appeal.

Option

Herbal smoking products only

Assessment of impact

In isolation this would not support the wider aims of the Tobacco and Vaping Framework to reduce the appeal of all vaping and nicotine products to young people and adult non-smokers and would only be effective if included as part of wider measures.

Option

All vaping products, including e-liquid and components of a device sold separately (e.g., coils, prefilled pods), nicotine products (e.g., pouches, salts), heated tobacco devices and herbal smoking products (recommended option)

Assessment of impact

This meets the aims of the Tobacco and Vaping Framework to reduce the appeal of all vaping and nicotine products to young people and adult non-smokers.

By including accessories that are sold separately this means display is standardised across this product range, stopping promotion and therefore reducing appeal.

By including heated tobacco devices this meets the aim of the Tobacco and Vaping framework to achieve a tobacco-free Scotland by 2034. One of the key recommendations of the Framework during the development was that the Scottish Government must be responsive to rapidly changing landscape. If herbal smoking products are left out then it potentially leaves a loophole for industry to promote another health harming product.

Options considered – location restrictions

The proposed approach aligns with existing tobacco regulations and prohibiting display, unless requested by an individual. This would mean products cannot be seen within or outside of shops and are stored in closed display units. In addition, the Scottish Government also proposes to restrict the location of any displays (requested or incidental) to behind a sales counter. This option meets the aims of the Tobacco and Vaping Framework to reduce vaping in young people and adult non-smokers.

The minimum option of restricting visibility from outside the shop, banning promotional stands or displays as well as products displayed at multiple points around the store such as on the end of aisles, but not restricting visibility within retailers was considered.

An intermediate option of aligning with current tobacco regulations was considered.

Finally, a maximum option was considered which would prohibit any visible display units and mandate products must be stored out of sight.

Table 2: Type of implementation

Option

Restrict visibility from outside the shop but not restrict visibility within shops

Assessment of impact

Only partially meets the Scottish Government’s aim to reduce the appeal of these products to in young people and non-smokers as set out in the Tobacco and Vaping Framework as the products would still be visible within shops and could appeal to young people or non-smokers who are shopping in store.

Option

Restrict visibility from outside shops and require products to be stored in transparent display units and require a request from a person to see the product out of the unit

Assessment of impact

Only partially meets the Scottish Government’s aim to reduce the appeal of these products to young people and non-smokers as set out in the Tobacco and Vaping Framework as the products would still be visible within stores and could appeal to young people or non-smokers shopping in store. While the requirement to request a product would be some deterrent, the visibility of the product would still be impactful.

Option

Align with existing tobacco regulations to prohibit the display of products

Assessment of impact

This option meets the aims of the Tobacco and Vaping Framework to reduce the appeal of these products in young people and adult non-smokers, however it does not account for where the location of displays take place. This does not address the range of locations within a shop where these products are currently stored and therefore could result in young people and non-smokers more frequently being subject to incidental exposure to a product.

Option

Align with existing tobacco regulations plus restrict the location of any displays (requested or incidental) to behind a sales counter

Assessment of impact

This option is recommended and meets the aims of the Tobacco and Vaping Framework to reduce the appeal of these products in young people and non-smokers. It restricts the location where displays (requested or incidental) can take place to behind a sales counter, therein reducing the potential for young people or non-smokers to be exposed to products unintentionally.

Option

Display is entirely prohibited, including closed units. Products must be stored out of sight.

Assessment of impact

While this option meets the aims of the Tobacco and Vaping Framework to reduce the appeal of these products in young people and non-smokers it could have a detrimental impact on those adults using the products to quit smoking due to lack of accessibility. It was considered that this option would pose an operational barrier to smaller retailers who may not have available space to store relevant products out of sight, and may generally have a more significant impact on all businesses.

Options considered – business types in scope

The Scottish Government propose to maintain current exemptions for tobacco products and smoking related products for relevant trade premises and to allow them to display heated tobacco devices, herbal smoking products, vaping and nicotine products.

This would allow these products to be displayed to people working in relevant trades (which is essential for legitimate business operations) but not to members of the public. This meets the aims of the Tobacco and Vaping Framework to reduce the appeal of these products in young people and non-smokers.

In a minimum scenario exemptions for bulk retailers, trade settings and shops selling predominately vapes were considered. Given bulk retailers are often still accessible to the public, including young people, this was discounted as it did not meet the aims of the Tobacco and Vaping Framework. The significant prevalence on high streets of shops selling predominantly vapes (in contrast to the small number of specialist tobacconists) meant this option also did not help to meet the aims of the Tobacco and Vaping Framework.

An intermediate scenario that was considered included a partial exemption for commercial pharmacies that would permit them to display vapes and nicotine products behind the counter. This partially meets the aims of the Tobacco and Vaping Framework in ensuring that those who choose to use a non-medicinal nicotine product to quit can view this option easily. However, it does not meet the Scottish Government’s aim to ensure that young people and non-smokers are not exposed to these products.

Although anecdotal evidence suggests there are low numbers of pharmacies where such products are available in Scotland for sale for smoking cessation, the Scottish Government propose to consult on this partial exemption to understand this issue more.

In a maximum scenario no exemptions were considered; this only partially met the aims of the Tobacco and Vaping Framework. While this would reduce exposure to these products among young people and adult non-smokers, visibility in commercial pharmacies (where smoking cessation aids and advise can be sought after) would be reduced. This could potentially limit the option for adult smokers to utilise these products. As noted in the paragraph above there is limited evidence on this issue, and it is subject to consultation within this proposal. A scenario of no exemptions may have a greater impact on businesses, and provide no exemptions for essential business operations.

Table 3: Business type in scope

Option

Partial exemptions for bulk retailers

Assessment of impact

This does not meet the aim within the Tobacco and Vaping framework to reduce the appeal of these products in young people and adult non-smokers as these premises are publicly accessible, including to young people.

Option

Partial exemptions for shops that predominantly sell vapes

Assessment of impact

This does not meet the aim within the Tobacco and Vaping framework to reduce the appeal of these products to young people and adult non-smokers given the significant prevalence of these shops on high streets (in contrast to the very few specialist tobacconists).

Option

Partial exemptions for commercial pharmacies

Assessment of impact

This partially meets the aims of the Tobacco and Vaping Framework as it ensures that those who choose to use a non-medicinal nicotine product to quit can view this option easily however it does not meet the Scottish Government’s aim to ensure that young people and non-smokers are not exposed to these products.

Option

No exemptions

Assessment of impact

This partially meets the aims in the Tobacco and Vaping Framework. While young people and adult non-smokers would be restricted from seeing the products, this restriction would equally apply to adult smokers who may be looking to quit using these devices. This option would have a greater impact on businesses.

Trade premises

Following this consideration, it is proposed to maintain current exemptions for tobacco products and smoking related products and their prices for relevant trade premises and extend this to also include heated tobacco devices, herbal smoking products, vaping and nicotine products.

This would allow these products and their prices to be displayed to people working in relevant trades (which is essential for legitimate business operations) but not to members of the public.

Specialist tobacconists

In addition, it is proposed to maintain current exemptions for specialist tobacconists and to allow for the display of heated tobacco devices, herbal smoking products and their respective prices.

The rationale for allowing this exemption for specialist tobacconists is that the number of these retailers are small, their product range is not targeted towards a young audience and they are typically included in areas with lower footfall from this demographic compared to duty free outlets.

Bulk tobacconists

Bulk tobacconists also include Duty Free and the Scottish Government propose to remove this exemption as these settings may be accessible to children and young people.

Limited pharmacy exemption

The proposal is to exempt pharmacies to allow a limited display of vapes and nicotine products. The aim of this is to ensure those using vapes or commercial nicotine products as a cessation aid still have access to them, but this is limited to a clinical setting in a community pharmacy.

A possible unintended consequence of the proposed partial exemption for the display of vaping and nicotine products in community pharmacies is that this will result in a commercial advantage for pharmacies to stock and display these products. To mitigate this, this will only be a partial exemption whereby vapes and nicotine products are visible but can only be taken from their display cabinets following a request made to a member of staff.

The standards and guidelines set by the General Pharmaceutical Council will prevent businesses from rebranding themselves as pharmacies in order to maintain the display of vaping and nicotine products.

Options considered – business size in scope

The size of businesses in scope was also considered. However, in line with the UK Government’s approach, it was concluded that varying regulatory requirements between businesses would be inconsistent with current tobacco display restrictions, which do not differentiate based on business size. This approach would also ensure that there is consistency between retailers, providing no advantage on size.

Additionally, evidence suggests young people are far more likely to purchase vapes from smaller shops like newsagents than large retailers. Therefore, limiting restrictions to larger retailers would significantly limit the Scottish Government’s ability to reduce the appeal of these products to young people and adult non-smokers.

Table 4: Business size in scope

Option

Vary regulatory requirement based on business size

Assessment of impact

This does not meet the aims of the Tobacco and Vaping Framework as only some businesses would be in scope therefore not reducing the appeal of these products to young people and adult non-smokers universally.

This would also be inconsistent with current tobacco display restrictions which do not have differing requirements for different sized businesses.

Option

Apply regulations to all businesses

Assessment of impact

This meets the aims of the Tobacco and Vaping Framework and is consistent with current tobacco display restrictions.

Options Considered – businesses in scope (geographic location)

The geographic location of businesses in scope was also considered, for example a focus on stores in urban areas. It was concluded that varying regulatory requirements based on business location would be inconsistent with current tobacco display restrictions, which do not differentiate between different locations.

Having no geographical variation ensures consistency between retailers across Scotland offering no advantage on the basis location.

Table 5: Businesses in scope - geographic location

Option

Vary regulatory requirement based on business location.

Assessment of impact

Partially meets the aims of the Tobacco and Vaping Framework, as it would only impact the display of these products in certain areas rather than universally across Scotland.

Option

Apply regulations to all businesses

Assessment of impact

Meets the aims of the Tobacco and Vaping Framework as it will impact the display of these products across the whole of Scotland and meet the Scottish Government’s aim to reduce to reduce the appeal of all these products to young people and adult non-smokers.

Options considered – implementation period and approach

It is recognised that, due to the range of measures being implemented following the introduction of the Tobacco and Vapes Act 2026, there will be impacts on businesses alongside the implementation of other government requirements, such as regulations to restrict the promotion of less healthy food and drink. It is therefore proposed that there will be an implementation period of at least six months, which is subject to consultation, with the final implementation period determined by the outcome of that consultation.

A phased implementation dependent on business size was also considered. However, this was not deemed proportionate, given that smaller shops such as newsagents and off-licences are among the most common retailers from which young people purchase vapes.

Additionally, a minimal implementation period was discounted due to the known impacts on businesses and the need to allow sufficient time for adaptation.

Table 6: Delivering change

Option

Secondary legislation - Phased implementation dependent on business size

Assessment of impact

This would partially meet the aims of the Tobacco and Vaping Framework to reduce to reduce the appeal of all these products to young people and adult non-smokers. However, given that the majority of young people buy their products from small shops, this approach would be disproportionate to the potential public health gain.

Option

Secondary legislation – at least 6 months implementation period for all businesses

Assessment of impact

This meets the aims of the Tobacco and Vaping Framework and would provide time for business to implement new requirements

Option

Minimal implementation period

Assessment of impact

While this does meet the aims of the Tobacco and Vaping Framework from a public health point of view, it does not provide business with adequate time to implement new requirements.

Options considered - Non regulatory options

Non-regulatory options were considered, such as guidance or voluntary restrictions – however, these were not considered to meet the aims of the Tobacco and Vaping Framework. Voluntary measures are not considered to be as effective as enforceable restrictions.

There is evidence internationally that voluntary restrictions are ineffective at achieving significant public health effects.^[52] It is likely that some retailers would comply, with others potentially choosing not to, which could potentially limit significantly the effects on public health and put retailers choosing to comply with voluntary guidance at a competitive disadvantage.

This option was discounted as it would not meet the aims of the Tobacco and Vaping Framework to reduce the appeal of these products to young people and adult non-smokers

Options considered – display sizes

To provide consistency to businesses in Scotland it is proposed that the maximum visible area of a display unit permitted as a result of a requested temporary display or incidental display of tobacco products and smoking related products (0.1 square metres) is applied to heated tobacco devices, herbal smoking products, vaping products and non-medicinal nicotine products in Scotland.

Alignment of the maximum visible area of a display unit permitted as a result of a requested temporary display or incidental display of these products with England, Wales and Northern Ireland (1.5 square meters) was considered, while keeping existing maximum visible area for tobacco and smoking related products at current area (0.1 square meters). However, this was discounted as it would create a confusing regulatory landscape in Scotland with different products, which are often sold in the same retail environments and displayed in the same section of shops, being subject to different display regulations.

Consideration was given to aligning the maximum visible area of a display unit permitted as a result of a requested display or incidental display of all products in scope, including for tobacco products. This would result in an increase of maximum visible areas permitted for tobacco products resulting in a negative impact on the aims of the Tobacco and Vaping Framework.

Taking account of the size of waterpipes, such as shishas, and to improve the practicality of compliance for retailers, an expansion of the maximum permitted display area for waterpipes is proposed in cases of requested temporary display or incidental display. A range of options (0.5 square metres, 1 square metre, 1.5 square metres, and other) has been presented within the consultation, and responses will inform the development of regulations.

Table 7: Display sizes

Option

Temporary display or incidental display of tobacco products and smoking related products (0.1 square metres) is applied to heated tobacco devices, herbal smoking products, vaping products and non-medicinal nicotine products.

Assessment of Impact

Meets the aims of the Tobacco and Vaping Framework as it limits the area of temporary or incidental display permitted to a minimum, reducing overall visibility ensuing young people and non-smokers are not exposed to these products reducing the appeal of all these products to young people and adult non-smokers.

Option

Aligning the maximum visible area of a display unit permitted as a result of a requested temporary display or incidental display of heated tobacco devices, herbal smoking products, vaping products and non-medicinal nicotine products with England, Wales and Northern Ireland (1.5 square meters)

Assessment of Impact

This would partially meet the aims of the Tobacco and Vaping Framework as this would reduce the visibility of the products. However, due to the size, it makes incidental or temporary displays more likely, therefore not fully helping to reduce the appeal of all these products to young people and adult non-smokers.

Option

Aligning the maximum visible area of a display unit permitted as a result of a requested temporary or incidental display for all products in scope with England, Wales and Northen Ireland (1.5 square meters)

Ability to meet Tobacco and Vapes Framework actions

This does not meet the aims of the Tobacco and Vaping Framework as it would increase the maximum area of display permitted making incidental or temporary displays of tobacco products more likely than is currently the case. Additionally it would mean, due to size, that incidental or temporary displays of other products in scope are also likely. Furthermore for those retailers who already legal sell tobacco products would be impacted by an inconsistent landscape with those new to selling the products able to more easily take advantage of the additional area permitted for display.

Options considered – price display of vaping, nicotine, heated tobacco and herbal smoking products

Current regulations in Scotland restrict the display of prices for tobacco products and smoking related products in a place where tobacco products are offered for sale. Prices must be presented in a consistent format using prescribed fonts and can only include the brand name of the product, the number of units in the package or the net weight of the product and the price of the product. The information displayed for cigars can include the country of origin and dimensions. For pipe tobacco, it can include the cut and type of tobacco used.

Retailers can display prices for tobacco products and smoking related products in 3 formats:

• a single price list that can permanently be on display at each point of sale, but must be text-only and subject to size and font requirements
• a picture price list that can include product images and can only be shown in response to a request by a customer
• small price labels that can be placed on the covered shelf or on the display unit where the product is kept, pending sale

The existing price regulations were put in place to ensure that all tobacco pricing is displayed in a standardised format and cannot therefore carry any features that could be deemed to promote specific tobacco products. Given the health harming nature of vaping products, nicotine products, heated tobacco and herbal smoking products, alignment with these requirements is considered justified.

It is proposed that the same principles used for tobacco price displays be applied to the display of prices of:

• vaping products, including vape components and refill containers sold separately to the vape device
• nicotine products
• herbal smoking products
• heated tobacco devices

It is proposed that price lists for vaping and nicotine products be permitted to include information on nicotine strength and ingredients. This is intended to support consumers in making informed purchasing decisions. Consideration was given to not allowing any additional information on nicotine strength or ingredients; however, it was recognised that this could limit consumers’ ability—particularly among those using nicotine products to quit smoking—to select the most suitable product for their needs. It is proposed that separate price lists be used for vaping and nicotine products and for tobacco products, herbal smoking products and heated tobacco devices for both permanently displayed price lists and pictorial price lists. Consideration was given to permitting a single price list for all products; however, this could result in individuals purchasing vaping or nicotine products for smoking cessation also being exposed to tobacco product, herbal smoking product or heated tobacco device prices, which may increase the likelihood of switching to a greater health harming product.

Table 8: Display of price lists

Option

Price lists that include nicotine strength and ingredients

Assessment of impact

Meets the aims of the Tobacco and Vaping Framework by allowing adult smokers using the products to quit to choose the most suitable product.

Option

Price lists that don’t include nicotine strength and ingredients

Assessment of impact

Does not meet the aims of the Tobacco and Vaping Framework and could result in those purchasing these products to quit smoking buying an inappropriate strength of product for them.

Option

One price list for all relevant products

Assessment of impact

Does not meet the aims of the Tobacco and Vaping Framework as it may expose individuals seeking products for smoking cessation to greater health harming products within the same price list, increasing the risk of relapse or dual use.

Option

Separate price list for vaping & nicotine products, and for tobacco products, herbal smoking products and heated tobacco devices

Assessment of impact

Meets the aims of the Tobacco and Vaping Framework as ensures those using these products for smoking cessation purposes are not exposed to greater health harming products. However it is noted that this does not allow customers to easily compare the prices of products which might encourage some to swap from tobacco, given it is more expensive, if they see it next to the vapes or nicotine product on a price list.

Sectors/ Groups affected

As of 12 May 2026, there were 11,586 active registrations on Scotland’s Register of Tobacco and Vaping Product Retailers(the retailer register). Of these, 3,100 businesses sell tobacco products only, 6,781 sell both tobacco and vaping products, and 1,705 sell vapes only.

This data from the retailer register has been used to estimate the number of businesses affected by the proposed regulations. However, the retailer register does not provide a complete picture. Businesses that stock only herbal smoking products or non-vapour nicotine products are currently not required to register and are therefore not captured, although it is likely that many such businesses will also sell tobacco or vapes. Not all businesses are required to register, only businesses that sell tobacco products and vaping products to the public.

Additionally, it is possible that not all registered businesses will necessarily be affected. For example, some retailers selling tobacco products may only sell tobacco and not stock other items covered by the proposed regulations, as tobacco is already subject to existing display restrictions. Some businesses may also already have the products affected in display cases behind a sales counter. There is also the possibility of inaccurate classification, and some tobacco-only registrations may already sell vapes. It is also assumed that online retailers listed on the retailer register will not to be affected by the regulations.

For the purposes of this partial BRIA, it is estimated that between 8,475 and 11,574 businesses will be affected. This range reflects businesses registered as selling either vapes only or both tobacco and vapes (excluding online retailers with no physical retail premises in Scotland), and all registered businesses. The analysis presented in this partial BRIA adopts the upper-bound estimate of 11,574 businesses.

This estimate is subject to considerable uncertainty due to incomplete retailer register coverage, the possibility that some registered businesses will not be affected, the possibility of potential impacts on businesses not included on the retailer register, and the risk of double counting. Nevertheless, the upper-bound figure represents a prudent estimate based on the best available evidence. Further development of the retailer register is ongoing and is expected to improve the accuracy of these estimates. This partial BRIA seeks views on whether the estimated number of affected businesses is appropriate.

Under Options 2 and 3, limited displays in community pharmacies are exempt. While the retailer register does not include a specific category for pharmacies, a keyword search of the administrative data for “pharmacy” and “chemist” identifies 205 registrations. These are excluded from the affected business estimates under Options 2 and 3, and are assumed to fall within the category of “other retailers” selling vaping products only.

A full breakdown of the estimated number of businesses affected by the regulations is provided in Table 9. It is worth noting that the retailer register does not include a specific category of duty free shops. It is assumed that duty free shops are included within the “bulk suppliers and wholesalers” category.

Table 9: Estimated number of businesses affected by business category and product selection

Business Category	Selling tobacco only	Selling vapes only	Selling both vapes and tobacco products	Total
Bulk Suppliers and Wholesalers	15	15	44	74
Convenience Stores and Small Shops	1,502	132	4,647	6,281
Supermarkets and Large Shops	25	337	742	1,104
Specialist Tobacconists	12	29	19	60
Other Retailers[53]	1,545	1,188	1,322	4,055
Total	3,099	1,701	6,774	11,574

The estimate for number of businesses impacted under each option is presented in Table 10.

Table 10: Estimated number of businesses affected under each option

Business Category	Option 1	Option 2	Option 3
Bulk Suppliers and Wholesalers	74	74	74
Convenience Stores and Small Shops	6,281	6,281	6,281
Supermarkets and Large Shops	1,104	1,104	1,104
Specialist Tobacconists	60	60	60
Other Retailers- Non-Pharmacy	3,850	3,850	3,850
Pharmacies	205	0	0
Total	11,574	11,369	11,369