Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2018 - No Deal

Closed 21 Oct 2018

Opened 8 Oct 2018


We seek feedback on the practical changes that will affect the tobacco and e-cigarette industries if the UK leaves the EU with no deal. We welcome feedback on any practical issues that you think should be considered as part of the implementation of changes.

Current regulations for tobacco and related products are designed to promote and protect the public’s health. The government’s priority is to maintain the same high standards after the UK leaves the EU.

We firmly believe it is in the interests of both the EU and UK to strike a deal. That remains the goal on both sides and we are confident that this will be achieved. Nevertheless, we recognise the need to have clear plans in place for no deal.

In the event of no deal, the UK government is introducing legislation to ensure that the policies and systems in place to regulate tobacco products and e-cigarettes will continue to function effectively and maintain continuity with current arrangements where possible. This approach means that there will be minimal disruption for citizens and businesses in relation to tobacco products and e-cigarettes.


Why We Are Consulting

If the UK leaves the EU in March 2019 with no agreement in place, the Tobacco Products Directive and the Tobacco Advertising Directive would no longer directly apply to the UK.

The UK domestic law that implements these directives, such as the Tobacco and Related Products Regulations 2016, would remain in force, with minor amendments to ensure it still works effectively after EU exit. These amendments would be brought in through regulations made under the EU (Withdrawal) Act 2018 powers and would come into force on exit day.

The amendments to UK tobacco legislation would include giving the UK government the power to update the legislation in response to emerging threats, changing safety and quality standards, and technological advances. These updating powers are likely to have minimal impact on industry. Their purpose is to make sure that the UK is still able to make technical changes after we leave the EU, where needed.

This consultation seeks feedback on government plans for:

a.    a new domestic system to allow producers to notify e-cigarettes in accordance with existing rules (part 1);

b.    a new domestic system to allow producers to notify tobacco product in accordance with existing rules (part 2) and;  

c.     the introduction of new picture warnings for tobacco products, based on the picture library owned by the Australian government (part 3)


  • Retailers
  • Suppliers


  • Smoking
  • Tobacco