Trading Standards Officers in Scotland have reported that 22% of retailers sold vapes to an under-18 volunteer during test purchases, while the figure stood at one in seven for cigarettes, according to their 2025/26 report.
Officers with young volunteers attempted 677 test purchases of vapes and 289 test purchases of tobacco at premises across Scotland with 148 failures for vapes, and 38 failures for tobacco, where sales were made to under 18s. In total 207 fixed penalty notices and five banning orders were issued by Trading Standards Officers.
Orkney recorded the highest percentage of tobacco test purchase failures (42.9%), followed by Shetland (37.5%), Stirling (30%) and Dundee (23.1). Of the 20 local authorities that carried out tobacco test purchase visits only East Renfrew, Edinburgh and Midlothian reported zero failures.
Chris Bell, Chair of The Society of Chief Officers of Trading Standards in Scotland (SCOTSS), said:
“The health of young people is a key priority for Trading Standards and smoking is the greatest threat to their health and development, especially for younger children. These results are very concerning and we will be stepping up efforts this year to support sellers with advice and continue to take enforcement action where sellers break the law.“
Sheila Duffy, Chief Executive of ASH Scotland said:
“It is deeply disappointing that some retailers are selling addictive and health harming tobacco and recreational nicotine products such as vapes to children.
“It is vital that retailers are held to account for under-age sales of cigarettes which, when used as manufacturers intend, will kill up to two thirds of consumers and e-cigarettes containing toxic chemicals that can damage developing lungs and brains over time.”
“Progress on implementing the UK Government’s Tobacco and Vapes Act and the potential introduction of a ban on displaying vapes and nicotine pouches in Scotland would be welcome. Additional funding for trading standards teams across the nation is vital to ensure future restrictions on the visibility and availability of recreational nicotine products can be comprehensively enforced to protect children and young people.”
Luke McGarty, Head of Policy & Public Affairs at the Scottish Grocers’ Federation, said:
“We firmly believe that vape and tobacco products should never be marketed or sold to underage children. There must be a strong and visible deterrent for those who deliberately or repeatedly break the law, including tough penalties and the potential loss of their operating licence.
“Our members have extensive experience in the responsible sale of age-restricted products and follow robust procedures to prevent underage sales. These include Challenge 25, refusal registers, and electronic till prompts that support staff in making the right decision. We encourage all tobacco and vape sellers to join the Scottish Tobacco Register and adopt similar safeguards.”
- To report sales of illegal tobacco and also any underage sales of tobacco or vapes to your local trading standards use this form
