Recently, the New Zealand Ministry of Health's official website announced that the government has amended the Smoke-Free Environments and Regulated Products Act 1990. These changes include restricting the locations of e-cigarette specialty shops, limiting advertising and retail displays, increasing penalties, and banning disposable e-cigarettes. Some changes will take effect immediately, while others will be implemented six months later to allow retailers time to prepare.
Increase the severity of penalties for illegal activities
Starting from December 17, 2024, fines for violating e-cigarette regulations will increase significantly. Fines for selling e-cigarettes to minors will increase from 1,000 New Zealand dollars to 10,000 New Zealand dollars for corporations and from 500 New Zealand dollars to 1,000 New Zealand dollars for other cases. Fines for infringing behavior in selling products to minors will be imposed without prosecution, with fines for manufacturers, importers, distributors, or retailers increasing from 500 New Zealand dollars to 2,000 New Zealand dollars, and in other cases 1,000 New Zealand dollars. Fines for advertising e-cigarettes or heated tobacco products will be as follows: fines of 200,000 New Zealand dollars for manufacturers, importers, or distributors, 70,000 New Zealand dollars for large retailers, and fines for small retailers will increase from 15,000 New Zealand dollars to 50,000 New Zealand dollars.
Restrictions on the location of e-cigarette specialty shops
Starting from December 17, 2024, new specialty e-cigarette retailers (SVRs) will not be permitted to open within 100 meters of Early Childhood Education centers (ECEs). This restriction only applies to new specialty stores and does not affect general retailers or existing specialty stores. The existing regulations regarding the distance between specialty stores and schools or places of worship being over 300 meters will remain unchanged, and current rules must still be followed. The Department of Health will conduct location checks on new store applications to ensure compliance with the regulations.
Information requirements for general retailers and other regulated product sellers
Starting from December 17, 2024, all general retailers (such as supermarkets, convenience stores, and gas stations) selling e-cigarettes, herbal, and smokeless tobacco products are required to notify the Health Department of their sales of regulated products. This is known as the "Regulated Product Sales Retailer Notification" (RPS). All notifiers are now also required to provide their business name and store address.
Starting from June 17, 2025, retail displays of e-cigarette products will be restricted. General retail stores will be prohibited from displaying e-cigarette products and packaging, while specialized e-cigarette retailers will not be allowed to showcase these products outside their premises. This includes advertising in online stores and displaying products on vending machines.
Disposable e-cigarettes are banned
The distribution, production, sale, and supply of disposable e-cigarettes will take effect on June 17, 2025. The pod system is not included in the prohibition.
Restrictions on advertising for professional e-cigarette shops
Starting from June 17, 2025, professional e-cigarette retailers will be prohibited from communicating information about e-cigarette products to existing customers, and visible posters or advertisements will not be allowed inside or outside of the stores. Online retailers also may not display e-cigarette products, including product images, on their websites. However, information related to e-cigarettes as a smoking alternative will still be permitted to be provided in-store.
Professional e-cigarette store updates discount, promotion, and gift rules
Starting from June 17, 2025, professional e-cigarette retailers (including their online stores) will no longer be able to offer free e-cigarette products, discounts, rewards or gifts, or conduct promotions through methods such as raffles.
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