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 2: Engagement and information gathering

Policy development

This policy will be implemented through secondary legislation. A four nations consultation ‘Creating a smokefree generation and tackling youth vaping’^[54] highlighted that most respondents would like vapes kept behind a counter.

The proposal to regulate the display of vapes, nicotine products, herbal smoking products and heated tobacco sits alongside a 4-nations consultation, which proposes:

• introducing new restrictions on the packaging of all tobacco products (excluding cigarettes and hand-rolling tobacco), herbal smoking products, and heated tobacco devices;
• introducing new restrictions on the packaging of all vapes and nicotine products, including limits on flavour descriptors; and
• introducing new restrictions on the design of vapes and heated tobacco devices.

Following consultation analysis and engagement with appropriate industry association bodies, enforcement agencies, and public health stakeholders, efforts will be made to mitigate any unintended consequences.

The proposals align with the Tobacco and Vaping Framework Product theme and the Population Health Framework. Under the Product theme the Scottish Government committed to consider what restrictions and limitations can be placed on tobacco containing products to further reduce use and ensure vapes are only used by smokers to quit. Within the Population Health Framework the focus is on ensuring that there is a preventative focused health system. Preventing addiction to commercially available nicotine products is key to this and the Tobacco and Vapes Act 2026 also introduces a definition for nicotine products which enables the regulation of commercially available nicotine products, such as nicotine pouches which have recently risen in popularity.

Stakeholder engagement

A commitment to article 5.3 of the World Health Organisation Framework on Tobacco Control^[55] underlines all of the Scottish Government’s engagement with stakeholders and this ensures that the development of public health in Scotland is protected from the vested interests of the tobacco industry.

Ongoing engagement has taken place with relevant Scottish Government policy areas, including retail policy. In line with the commitment to consider the impact of new regulations on business, engagement has also been undertaken with the Regulatory Review Group (RRG), which includes representation from business and COSLA, throughout the development of the Tobacco and Vapes Act 2026, including in relation to these proposals

Engagement has taken place with the Trading Standards Policy & Coordination Group and the Society of Chief Officers of Trading Standards in relation to these proposals and the wider Tobacco and Vapes Act 2026, with a focus on the impact of enforcing the proposals across Scotland and on implementation timelines for the measures.

Third sector organisations, such as ASH Scotland, CRUK, British Heart Foundation, and academics have been key contributors to the development of the proposals.

Following Royal Assent of the 2026 Act, focused engagement with industry bodies, such as the Scottish Grocers Federation, was initiated in relation to implementation of the measures. This has included one-to-one meetings and ensuring that those responsible for implementing the measures have the opportunity to contribute to the development of guidance and communications.

This engagement, along with wider stakeholder engagement, will continue throughout the consultation and any subsequent technical consultations on regulations. Views on stakeholder engagement and how it should be undertaken going forward are welcomed.

UK/ Devolved Administrations

The 2026 Act was developed through close collaboration across the four UK nations; the UK Government, Welsh Government and Northern Ireland Executive will consult on restricting the display of all vaping products, nicotine products, herbal smoking products, heated and other tobacco related devices.

Scotland already regulates the display of smoking related products which includes cigarette papers, cigarette tubes, filters, apparatus for making cigarettes, cigarette holders, and pipes for smoking tobacco products (which would include waterpipes like shishas). Smoking related products cannot be on display in retail settings where tobacco products are also available for sale.

A key difference is 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. In Scotland, this is limited to 0.1 square metres. In England, Wales and Northern Ireland the maximum visible area of a display unit permitted as a result of a requested temporary display or incidental display of tobacco products is 1.5 square metres.

The Scottish Government is committed, where it is appropriate and in Scotland’s best interests, to a collaborative four-nation approach to implementing the 2026 Act, which also includes a consultation on the proposals presented in this document. The four-nations are aligned in their approach to reducing the visibility of these products.

International

There is currently no evidence to suggest that the proposals would have significant impacts on international trade. The restrictions apply equally to domestic and imported goods, meaning there is no relative disadvantage for overseas producers. Scottish exporters are unlikely to be affected, as the measures relate solely to the display of products, although there may be an incentive to increase exports if domestic demand falls.