A little known loophole in UK law meant that nicotine pouches could be legally sold to under 18s, despite age restrictions on cigarettes and vapes. This closes on Thursday 29th October, when new measures under the Tobacco and Vapes Act 2026 bring in a minimum age of sale of 18..
Here, Dr Marina Murphy, head of external affairs UK & Scientific Affairs at Haypp, explains why the loophole existed, why it is closing now and and what the new rule will mean for consumers and retailers.
Nicotine pouch loophole
Cigarettes and vapes have long been subject to minimum age of sale restrictions in the UK. Nicotine pouches have occupied an unusual gap in the law. This is because they are tobacco-free, so they are not regulated as tobacco products, and they are not inhaled, so they are not covered by the rules for “nicotine inhaling products”, which imposed the 18+ restriction on nicotine vapes.
This means that, despite containing nicotine, nicotine pouches could be legally sold to people under 18. This does not mean that under age sales were common, or that most retailers ignored age checks. Most retailers took a responsible approach and restricted sales to adults. But some unscrupulous traders did take advantage of this legal loophole.
However, from Thursday 29th October, the Government is implementing strict changes through Tobacco and Vapes Act 2026 including new age restrictions, meaning anyone under the age of 18 will no longer be able to legally purchase nicotine pouches.
What are nicotine pouches?
Nicotine pouches are a smoke and tobacco-free alternative to vapes and cigarettes, and are rising rapidly in popularity in the UK. Nicotine pouches (also known as tobacco-free snus or nicopods) come in tea bag-like pouches – they do not contain any tobacco leaf material.
Are nicotine pouches the same as snus?
While snus and nicotine pouches have similar properties, they are not the same thing. Snus is a type of smokeless tobacco product that is placed between the upper lip and the gums. It has a long history, having originated in Sweden in the early 18th century. The sale of snus is illegal in the UK.
Nicotine pouches, on the other hand, contain nicotine and other ingredients such as cellulose, water, sweeteners and flavours, but do not contain any tobacco. Nicotine pouches are legal in the UK and the market for the product is expanding rapidly .
Why is it important to close the loophole?
Nicotine pouches were created as a smoke-free alternative to cigarettes. They contain nicotine and are intended as an adult only product. It is important that regulations are in place to prevent young people from purchasing nicotine pouches while keeping them accessible as an alternative for adult smokers.
Closing the age of sale loophole means there will be a clear legal framework to keep the products out of the hands of under-18s, whilst still allowing adults to make their own choices about the nicotine products they use.
For retailers, the change also provides greater clarity around their responsibilities when selling nicotine pouches, and prevents irresponsible retailers from benefiting from exploiting the loophole and selling nicotine pouches without verifying the customer is over 18.
What will this mean for consumers?
From Thursday 29th October, it will be illegal for any retailer, online or offline, to sell nicotine pouches to anyone under 18. Consumers should therefore expect age checks when purchasing nicotine pouches, whether they are purchasing them in a shop or online.
The new rules will also make it illegal for an adult to buy nicotine pouches on behalf of someone under 18.
