Comment from the Drugs Legislation Team at the Home Office
The Government is clear that there is a distinction between smoking and vaping in so far as smoking involves processes of combustion. We would expect manufacturers to provide evidence that the inhaling or delivery device operates without combustion and that no combustion processes occur in the source material when heating the device to produce
an aerosol or vapor.
The Health Act 2006 introduced restrictions on smoking in public places and workplaces.
As e-cigarettes or vaping devices do not contain tobacco and they emit vapour, not smoke,
they are therefore not covered by the smoke-free regulations. Whilst it is not illegal to vape on public transport or indoor places, many businesses/operators will have their own policies in place, which may ban or restrict the use of vaping devices. It is therefore advisable to check with the venue or operator before using your device.
Former Public Health England published advice to support employers to develop policy for
vaping in public and workplace settings.