Yesterday, on the eve of new vaping product restrictions entering into force, the Government announced further measures that seek to prevent young people from accessing and using vaping products.
In particular, the Government has committed to a complete ban on single-use vaping products and significant increases in fines for retailers who sell to minors.
At the same time, the Government has deferred implementation of the requirement for reusable vaping devices to have child safety features and removable batteries.
The new requirements entering into force today and proposed measures yet to be implemented are set out below.
Reusable vaping products
From today (21 March 2024), reusable vaping products must comply with requirements that were included in last year's Smokefree Environments and Regulated Products Amendment Regulations, as follows:
-
Nicotine salt substances must not exceed a nicotine concentration limit of 28.5mg/mL. The limit for other vaping substances remains at 20mg/mL.
-
Variant names must use one or two flavour names listed in the Schedule to the Regulations. The intent is to prohibit flavour descriptions that are attractive to young people.
-
Toy or cartoon images must not be depicted on vaping products.
Two additional requirements for the sale of reusable vaping products to have removable batteries and child-safety mechanisms have been deferred for six months until 1 October 2024 to ensure sufficient availability of products to support people to quit smoking and to allow time for the Ministry of Health to conduct a further review of the regulations (this only applies to products that were notified prior to 21 October 2023).
Single-use vaping products
The requirements for single-use vaping products to not exceed a nicotine concentration of 20mg/mL (which must be stated on the product label) and to contain removable batteries, which came into force on 21 December 2023, continue to apply.
The restrictions on flavour descriptions and depictions of toy or cartoon images as described above for reusable devices also apply to single-use products from today.
Further measures to curb youth vaping
The Government has also announced that as part of its efforts to tackle youth vaping it will:
-
ban single-use vaping products; and
-
increase the maximum penalty for any retailers caught selling vaping (and tobacco) products to minors from $10,000 to $100,000.
The Government has indicated that the Smokefree Environments and Regulated Products Act 1990 will be amended to implement these proposals.
Associate Minister of Health Casey Costello also announced that Cabinet has also agreed to introduce further requirements on specialist vape retailers, including tighter restrictions on storefront displays and staffing requirements (officials are to conduct targeted consultation on the proposals). Additionally, licensing and compliance regimes around vaping will undergo review to ensure that penalties for selling vaping products to under-18s are backed by stronger enforcement.
The timeframe for the implementation of these changes is yet to be confirmed.
This article is intended only to provide a summary of the subject covered. It does not purport to be comprehensive or to provide legal advice. No person should act in reliance on any statement contained in this publication without first obtaining specific professional advice. If you require any advice or further information on the subject matter of this newsletter, please contact the partner/solicitor in the firm who normally advises you, or alternatively contact one of the partners listed below.