The Tobacco and Vapes Bill received Royal Assent on 29 April 2026 and has become the Tobacco and Vapes Act 2026 (‘the Act’). The Act introduces new restrictions on the advertising of tobacco, vaping products, nicotine-containing and related products, which will come into force on a date specified in regulations by the Secretary of State.

In the meantime, section 138 of the Act came into force on Royal Assent. It amends the existing definition of ‘tobacco product’ in section 1 of the Tobacco Advertising and Promotion Act 2002 (‘TAPA’) to state:

“‘tobacco product’ means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way.”

In administering CAP Code rule 21.1 and BCAP Code rule 10.1.3, which prohibit tobacco products from being advertised to the public, the ASA has regard to the relevant UK legislation on tobacco advertising. Whilst each case depends on its facts, the broader definition of ‘tobacco products’ is likely to bring more products – such as heated tobacco products – within the scope of the advertising prohibition in TAPA, and thus the CAP Code. Marketers are encouraged to seek independent legal advice on whether their advertising is likely to fall within the scope of the amended definition in TAPA.

For guidance on tobacco advertising, please see our published guidance on tobacco marketing.

CAP and BCAP will consider the further advertising-related provisions in Part 6 of the Act (which are not yet in force) and are likely to consult on proposals for changes to the existing Code rules on tobacco and vaping product advertising to reflect the new restrictions.