New Zealand bans disposable vapes, tightens retail display rules

On November 4, as announced on the official website of the New Zealand Ministry of Health, the government is amending the Smoke-free Environments and Regulated Products Act 1990 to reduce the appeal and accessibility of e-cigarette products to those under 18 years old.

These changes will be implemented through the Bill on Smoke-Free Environments and Regulated Products (Amendment) Act (No. 2). The Bill is still in the legislative process and is expected to come into effect in November 2024.

Key changes in the bill include:

• Specialist Vape Retailers (SVRs)  must be at least 100 meters away from Early Childhood Education Centers (ECEs). This restriction applies to new SVR stores. Additionally, the existing rule that SVRs must be more than 300 meters from schools or gathering centers remains unchanged.

•  Increased penalties for violations.  Fines for selling vapes to minors (for businesses) will increase to NZD 100,000 (USD 60,000), with fines in other cases rising to NZD 10,000 (USD 6,000). Minor offenses for selling to underage customers may incur a penalty without prosecution, with fines for retailers, manufacturers, importers, or distributors increasing to NZD 2,000 (USD 1,200), and NZD 1,000 (USD 600) in other cases. Fines for prohibited vape or heated tobacco product advertisements remain at NZD 200,000 (USD 120,000) for manufacturers, importers, or distributors, NZD 70,000 (USD 40,000) for large retailers, and NZD 50,000 (USD 30,000) for smaller retailers.

• Restrictions on displaying vape and heated tobacco products in retail spaces. Vape products may not be displayed in general retail stores, including visible areas outside specialty stores and online stores. Detailed industry guidance will be released by the Ministry of Health in early 2025.

• Ban on disposable vapes. This prohibition will take effect six months after the bill becomes law.

•  Updated information requirements for regulated product sellers (RPS). Applicants must now provide the trading name and address of their store, in addition to the entity or corporate name and address. This applies to general retailers, importers, and manufacturers of vapes and notified products, as well as tobacco product distributors. Existing RPS registrants will be required to update their information in HARP and will be contacted directly. Failure to file RPS details on HARP, or letting them expire without renewal, constitutes a violation, with fines of NZD 500 or up to NZD 5,000 if prosecuted.

 Location changes and enhanced penalties will take effect immediately** once the bill becomes law. The ban on disposable vapes and restrictions on retail displays will come into force six months post-legislation to allow industry adjustments.