New Zealand Update Smokefree Laws to Ban Disposable Vape

The New Zealand government has implemented significant changes to the Smokefree Environments and Regulated Products 1990 Act, aiming to better protect children and young people from the potential harms of vaping. These amendments introduce stricter regulations on advertising, retail display, penalties for selling to minors, and a ban on disposable vaping devices. The new measures come into force in two stages, with some taking effect immediately and others after a six-month grace period to allow retailers to adapt to the new requirements.

Key Changes to the Smokefree Laws

1. Location Restrictions for New Specialist Vape Stores

As of December 17, 2024, any new specialist vape retailer (SVR) store must be located at least 100 meters away from Early Childcare Education Centres (ECEs). This requirement applies only to new specialist stores and does not affect general retailers or existing specialist stores. The existing rule that SVRs must be more than 300 meters from schools or marae remains unchanged.

Also Read:
Location requirements for specialist vape retailers

2. Increased Penalties for Violations

The government has substantially increased fines for selling vaping products to minors and engaging in prohibited advertising practices. For instance:

The fine for selling vapes to a minor has increased from $10,000 to $100,000 for a body corporate, and from $5,000 to $10,000 in any other case.
The infringement fine for selling to a minor, which can be issued without prosecution, has increased from $500 to $2,000 for manufacturers, importers, distributors, or retailers, and to $1,000 in any other case.
The fine for publishing a prohibited advertisement for vaping or heated tobacco products remains at $200,000 for manufacturers, importers, or distributors, and at $70,000 for large retailers. However, for smaller retailers and other cases, the fine has increased from $15,000 to $50,000.

3. Retail Visibility Restrictions (Effective June 17, 2025)

Starting June 17, 2025, general retailers will no longer be allowed to display vaping devices, products, or packaging. Specialist vape retailers must also ensure that these products are not visible from outside their place of business. This restriction extends to advertising and display in online stores and automated vending machines.

4. Ban on Disposable Vapes (Effective June 17, 2025)

The distribution, manufacture, sale, and supply of disposable vaping devices will be prohibited from June 17, 2025. This ban specifically targets vaping devices that cannot be refilled by the user, either by filling the device with a vaping substance or by replacing a changeable pod, cartridge, or similar container, and cannot be recharged by the user. However, pod-style vaping devices, where the device is refilled by swapping out a prefilled pod, will still be allowed.

Also Read: New Zealand Government Passes Urgent Legislation to Ban Disposable Vapes and Restrict Sales

5. Restrictions on Specialist Vape Retailer Advertising (Effective June 17, 2025)

From June 17, 2025, specialist vape retailers will be prohibited from communicating about vaping products to their existing customers, and internet retailers will no longer be permitted to display vaping products, including pictures, on their websites. Posters or advertising visible from inside or outside the store will also be prohibited. However, information provided in a retailer’s place of business relating to vaping being a less harmful alternative to smoking will still be allowed.

6. Ban on Discounts and Giveaways (Effective June 17, 2025)

As of June 17, 2025, specialist vape retailers and their online stores will no longer be allowed to:

Give away free vaping products
Discount vaping products at retail
Offer rewards, cash rebates, or gifts for the purchase of vaping products
Offer lotteries or games to people who buy vaping products

This change aligns the rules for vaping products with those for other regulated products under the Act.

Timeline of Requirements

The amendments to the Smokefree Environments and Regulated Products Act 1990 come into effect at different times:

December 17, 2024: Location restrictions for new SVRs and increased penalties for violations take effect.
June 17, 2025: Retail visibility restrictions, the ban on disposable vapes, restrictions on specialist vape retailer advertising, and the ban on discounts and giveaways come into force.

Also Read: New Zealand Vaping Regulations Effective October 2024

Conclusion

The recent changes to New Zealand’s Smokefree laws represent a significant step towards protecting children and young people from the potential harms of vaping. By introducing stricter regulations on advertising, retail display, penalties for selling to minors, and a ban on disposable vaping devices, the government aims to reduce youth access to vaping products and prevent the normalization of vaping among this vulnerable population.

Retailers and consumers alike must familiarize themselves with these new requirements and prepare for the changes that will come into effect over the next two years. While some measures take effect immediately, others have a six-month grace period to allow the industry to adapt. By working together to comply with these new regulations, we can create a safer environment for our children and young people and support the government’s efforts to protect public health.

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.