Vaping products - tightening rules on advertising and promotion: consultation 2022

Fines and Penalties

64. Chapter 2 of the 2016 Act, sets out what the maximum penalties are for contraventions of the proposed restrictions. The restrictions proposed in this consultation would be contained in regulations made under that Act and penalties equivalent to similar offences in relation to tobacco. Due to the nature of restrictions we feel this is an appropriate level for penalties.

65. We propose that the maximum penalties for these offences introduced through the Regulations should be the same as the maximum penalties which apply to similar offences in relation to tobacco. We consider that those penalties are dissuasive but proportionate. There is a distinction made in the 2002 Act between the maximum penalty for the offence of obstructing an authorised officer and the maximum penalty for all the other offences which would also be the case under these proposed regulations.^[32]

66. The maximum penalty for a person found guilty of an offence which involves obstructing an authorised officer would be a fine not exceeding level three on the standard scale (£1,000). For all other offences in respect of advertising and promotion we will be mirroring those set out in the 2016 Act, meaning the maximum penalty for a person found guilty is:

(a) on summary conviction to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both, or

(b) on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.