Upcoming Changes in New Zealand Vape Regulations || 2024

Based on a recently released cabinet paper, it appears that significant regulatory changes are potentially around the corner (again) for the vaping industry in New Zealand. These changes are promoted as a new way to address youth vaping while balancing the need for vaping to remain a viable smoking cessation tool.

As we already know, starting from 1 October 2024, several important regulations will come into effect, focusing on enhancing safety (especially for children) and ensuring compliance with product standards. One of the major changes is the requirement for all vaping devices to have child safety mechanisms. These mechanisms will require at least two simultaneous or five sequential operations to activate the device, and devices must automatically turn off within 10 minutes of inactivity [Ministry of Health]. These requirements are designed to prevent accidental usage by children and ensuring that vaping devices are used responsibly.

Additionally, from 1 October 2024, all reusable vaping products must have removable batteries. This new regulation is designed to enhance the safety and longevity of vaping devices, allowing users to replace batteries without damaging the device. Ensuring compliance with these battery requirements is vital for all manufacturers, importers, and retailers.

The following information pertains to proposed regulatory changes that have not yet been passed through Parliament but have been reviewed in Cabinet. The cabinet paper suggests that these proposed changes are positioned to be passed by the end of 2024, indicating significant forthcoming adjustments in the regulatory landscape for vaping products in New Zealand in 2025 [Ministry of Health].

(Another) Proposed Ban on Disposable Vaping Products

One of the most notable changes in Cabinet meeting minutes is another proposed ban on disposable vaping products, by targeting single-use pods. This ban appears to cover all vapes that are not rechargeable or refillable, including single-use containers such as prefilled tanks, pods, and cartridges. The objective of these changes seems to be reducing the appeal of these low-cost, easily accessible products to young people. According to the released cabinet papers, this ban is set to come into force on 1 July 2025, six months after the commencement of the Smokefree Environments and Regulated Products Amendment Act, which has been indicated to commence on 1 January 2025.

Changes to Product Giveaways

To completely remove “disposable” products from the NZ market and close potential loopholes, it appears the ban on disposable vaping products will extend to the supply and distribution of these items, not just the “sale”. This would mean that giving away disposable vapes, even as promotional items, will be prohibited. This measure seems to ensure that such products are effectively removed from the market.

Retail Display Restrictions

Additionally, it appears that new restrictions will be placed on the retail display of vaping products to minimise their visibility and appeal to minors. These restrictions could require that:

• Vaping products and related advertising must not be visible from the street, with cabinet suggesting that store windows be frosted to ensure minors cannot see inside.

• Inside stores that minors may enter, such as dairies and service stations, vaping products must be out of public sight.

• Online retailers may only list the names and prices of vaping products without visual representation - however it is not clear at this time if this restriction applies to the websites of Specialist Vaping Retailers.

These display restrictions may also come into effect on 1 July 2025, providing a transition period for retailers to comply.

Proximity Restrictions for Specialist Vape Retailers

The Amendment Act will also likely introduce proximity restrictions for new specialist vape retailers, extending existing limits to include licensed Early Childhood Education Centres (ECEs). According to our understanding, new specialist vape stores will not be allowed to open within 300 metres of ECEs, primary and secondary schools, or marae. This measure appears aimed at decreasing the exposure of vaping products to young children and adolescents, as well as reducing the number of new specialist vape stores stores able to open.

Offences and Penalties

The Act seems to introduce stringent penalties to ensure compliance. Key offences and penalties might include:

• A fine of up to $400,000 for notifiers and large retailers, and up to $50,000 for smaller retailers, for the manufacture, sale, supply, or distribution of disposable vaping products without reasonable excuse.

• A fine of up to $50,000 for breaching the retail display restrictions.

• An increase in the existing penalty for the display of tobacco products from $10,000 to $50,000, extending to all regulated products, including vaping products.

• New infringement fees of $2,000 for displaying a product or advertisement in a retail or online store, and for selling or supplying a disposable vaping product.

Preparing for the Changes

As a business owner, it is crucial to stay informed and prepare for any regulatory changes. Review your inventory, display practices, and proximity to restricted areas for proposed new stores to ensure compliance. It is also important to remember that these changes haven’t yet become law, so it’s important to not worry about the stock you have just yet. We are merely keeping you informed, and ensuring you have all the information you need to continue operating a successful business.

These regulatory measures aim to protect young people while allowing vaping to continue as a tool for smoking cessation. For more detailed information and updates, refer to the official communications from the Ministry of Health and the Associate Minister of Health, Hon Casey Costello.

Rest assured, when and if these changes come into force, we will continue to be here to support you with your stock purchases. With thousands of vape juice variants, we hold the largest offering available in New Zealand. Don’t see something you want? Reach out to our support team to see if we can get it hello@vapetraders.co.nz 

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