New Zealand Electronic Cigarette Regulations: Disposable Electronic Cigarettes Will Be Banned, Retail Display Fully Controlled

New Zealand Electronic Cigarette Regulations: Disposable Electronic Cigarettes Will Be Banned, Retail Display Fully Controlled

The New Zealand government will revise its tobacco control laws to strengthen the control of electronic cigarettes, including limiting the distance of sales points, implementing a comprehensive ban on retail venues, and banning disposable electronic cigarettes. The new regulations are expected to take effect in November 2024, while the ban on disposable electronic cigarettes and retail display restrictions will take effect six months after legislation.

On November 4th, according to the official website of the New Zealand Ministry of Health, the government is revising the 1990 Smoke Free Environment and Controlled Products Act with the aim of reducing the attractiveness and accessibility of electronic cigarette products to people under the age of 18.

These changes will be made through the Smoke Free Environment and Regulated Products Amendment Act (No. 2) (the Bill). The bill is still in the legislative process and may undergo changes. It is expected to come into effect in November 2024.

The main changes in this bill include:
Professional electronic cigarette stores (SVR) must be at least 100 meters away from early childhood education centers (ECEs). This new restriction applies to newly opened specialty stores, and the rule that SVR must be at least 300 meters away from schools or gathering centers will not change.
Increase penalties for violating the law. The fine for selling electronic cigarettes to minors (businesses) has increased to NZD 100000 (USD 60000), and the fine for other cases has increased to NZD 10000 (USD 6000). For infringement of selling products to minors, fines can be imposed without prosecution. For retailers, manufacturers, importers, or distributors, the fine increases to NZD 2000 (USD 1200), while in other cases it is NZD 1000 (USD 600). The fine for publishing prohibited advertisements for electronic cigarettes or heated tobacco products remains: NZD 200000 (USD 120000) for manufacturers, importers or distributors, and NZD 70000 (USD 40000) for large retailers. In other cases, such as small retailers, the fine will increase to NZD 50000 (USD 30000).

Restricting the display of electronic cigarettes and heated tobacco products in retail venues. Electronic cigarette products will not be displayed in general retail stores, including visible areas outside specialty stores and online stores. The Ministry of Health will release detailed industry guidance in early 2025.
Prohibit the use of disposable electronic cigarettes. The ban will take effect six months after the bill becomes law.

The required information for regulated product sellers (RPS) notification will be updated. The submitter currently needs to provide the name and address of the company/legal entity, which will be updated to also include the transaction name and address of the store. This applies to all individuals who require RPS, including general retailers, importers and manufacturers of electronic cigarettes and notifiable products, as well as tobacco product distributors. Existing RPS notifiers will be required to update their accounts on the Health Advisory and Regulatory Platform (HARP) and will directly contact these individuals. Actions that require RPS and have not been submitted on HARP, or have expired and not been updated, are considered violations and will result in a fine of NZD 500 (USD 300)