New Zealand's E-cigarette Regulatory Policy Review: From Generational Smoking Ban To A Complete Ban On The Sale Of Disposable E-cigarettes

New Zealand's e-cigarette regulatory policy review: from "generational smoking ban" to a complete ban on the sale of disposable e-cigarettes

According to the public documents on the official website of the New Zealand Ministry of Health, 2Firsts sorted out the entire process of New Zealand's e-cigarette regulations from publication to the implementation of various clauses. The latest action of the New Zealand government is to completely ban disposable e-cigarettes and significantly increase the fines for selling e-cigarettes to minors.

On September 12, the official website of the New Zealand government announced the latest news about the ban on the sale of disposable e-cigarettes, completely banning disposable e-cigarettes and significantly increasing the fines for selling e-cigarettes to minors. This is the latest action in a series of measures taken by the New Zealand government to reduce the use of e-cigarettes by teenagers, bringing New Zealand one step closer to achieving the "2025 Smoke-Free Plan".

 

According to the public documents released by the New Zealand Ministry of Health, New Zealand's e-cigarette regulations have gone through a long process from publication to the implementation of various steps.

 

Initial exploration: Restricting e-cigarette flavors and nicotine concentrations

 

Between 2017 and 2018, the New Zealand government established an e-cigarette technical expert advisory group, and the cabinet agreed to a series of proposals. In 2019, the "E-cigarette Facts" website was launched to provide relevant information and education to the public.

 

In 2020, the Smoke-free Environments and Regulated Products (E-cigarettes) Amendment Act came into effect.

 

On August 11, 2021, the Smoke-free Environments and Regulated Products Regulations were enacted and came into effect, which stipulate that:

General retailers (non-transitional professional e-cigarette retailers/professional e-cigarette retailers) can no longer sell e-cigarettes or smokeless tobacco products containing flavors other than tobacco, mint and menthol. Transitional and approved professional e-cigarette retailers can continue to sell products with any flavor that is not banned (no flavor is currently banned).

 

One of the requirements in the notice is that the free base nicotine concentration of e-cigarette substances sold in New Zealand must not exceed 20 mg/ml and the nicotine salt concentration must not exceed 50 mg/ml.

 

In August 2022, the Vaping Regulatory Authority was established to regulate e-cigarette products and manage applications from professional e-cigarette retailers.

Image source: New Zealand Ministry of Health official website

 

Extension of regulations: restrictions on store locations and product descriptions, "generational smoking ban" aborted

 

It is worth mentioning that New Zealand introduced the world's strictest anti-smoking law on December 13, 2022 during the administration of former New Zealand Prime Minister Jacinda Ardern. The new law includes a ban on selling tobacco to anyone born on or after January 1, 2009, with a fine of up to NZ$150,000 (US$95,910). The ban will last a person's lifetime.

Former New Zealand Prime Minister Jacinda Ardern (first from right) | Source: New Zealand Government Official Website

 

The legislation will also reduce the nicotine content allowed in smoking tobacco products and reduce the number of retailers who can sell tobacco by 90%.

 

In January 2023, the Smoke-Free Environments and Regulated Products (Smoked Tobacco) Amendment Act came into effect, and some parts of the new regulations will take effect over time.

 

From January to March 2023, New Zealand's Maori Health Committee (Manatū Hauora) conducted public consultations on a number of proposals for implementing a smoked tobacco regulatory system.

 

On June 6, 2023, the New Zealand government announced a new policy:

 

New professional e-cigarette stores (SVRs) will not be able to open near schools and party centers.

E-cigarette products and their packaging can only have generic flavor descriptions.

Reduce the maximum nicotine concentration allowed in disposable e-cigarettes to reduce their addictiveness

All e-cigarette products will be equipped with removable batteries and child safety mechanisms to improve their safety and better protect our young people.

The finalized criteria will be used to select tobacco retailers approved to participate in the tobacco retail program, with the primary considerations being responsible persons, business locations, safety, security and training.

 

The program will take effect on July 1, 2024, and the number of tobacco retailers will be reduced to no more than 600.

 

In August 2023, the new regulations are expected to come into effect, and the "Protect Your Breath" campaign will be launched at the end of the year. Manatū Hauora will review the policy and regulations of e-cigarette products. The review will consider the availability, appeal and addictiveness of e-cigarettes, smokeless tobacco and emerging products.

 

In November 2023, the new New Zealand government came to power and announced the repeal of the "Generation Smoking Ban", indicating that it would repeal these amendments by March 2024, change the requirements for e-cigarette products, and only tax combustible products.

Christopher Luxon, the new Prime Minister of New Zealand｜Photo source: X

 

Subsequently, under pressure from public protests, Christopher Luxon, the new Prime Minister of New Zealand, said that although the "generational smoking ban" was abolished, the former Labour government's plan to crack down on cheap disposable e-cigarettes would continue to be implemented, and publicly promised that the new regulations would be gradually implemented starting from December 21, 2023, so that the new regulations could continue to be implemented.

Image source: New Zealand Ministry of Health official website

 

Latest action: Completely ban disposable e-cigarettes and increase penalties for minors

 

On January 31, 2024, the New Zealand Ministry of Health required retailers, distributors, New Zealand manufacturers and importers to submit annual reports for 2023. On March 21, 2024, the New Zealand government stated that it would implement regulations in 6 months, and retailers, distributors, New Zealand manufacturers and importers must only sell disposable e-cigarette products that meet product safety requirements.

 

On September 12, the New Zealand government's latest "Smoke-free Environment and Regulated Products Amendment Act (No. 2)" stipulates that the maximum fine for selling e-cigarettes or other regulated products to minors under the age of 18 will increase from NZ$10,000 (about US$6,100) to NZ$100,000 (US$61,000). Fines for individual violations will increase from NZ$500 (about US$310) to NZ$1,000 (about US$615), and fines for corporate violations will increase to NZ$2,000 (US$1,230).

 

2Firsts will continue to follow the latest developments of New Zealand's e-cigarette bill and make relevant reports, so stay tuned.