VIANZ News

1 May 2024

It is incorrect to suggest the industry “worked around” the regulations. Disposables, despite VIANZ submissions in favour of a total ban, were never banned by the previous government. In fact, a specific section of the regulations was dedicated to “single use” (disposable) products. The industry simply complied with these new disposable regulations.

The last round of regulations were the result of knee-jerk, half-baked decision-making from the previous Government with no meaningful consultation with industry. The result was a selection of seemingly irrelevant regulatory requirements that are not only ineffective at achieving any real purpose, they are also proving too complicated to be enforced effectively.

• Removable batteries: Under the title of “youth vaping regulations”, Minister Verrall specifically stated the requirement for removable batteries would “make them safer”. However, lithium ion batteries are designed to be sealed in devices so this requirement has made vaping devices less safe.

• Lower nicotine levels: There is no evidence that higher nicotine levels lead to higher levels of addiction or dependence. Lowering nicotine levels merely stops vaping products from being an effective smoking cessation tool, as they need to deliver an equivalent level of nicotine to a cigarette. The new lower nicotine levels are now around a third of the nicotine in a cigarette. We expect to see lower cessation rates as a result of lowering the nicotine limit in vaping products.

• Child safety mechanisms: Young people are often more technologically advanced than adults. A 5x click operation is unlikely to act as a sufficient deterrent for young people.

It is difficult to understand how any of the above measures were determined to make a meaningful impact to youth vaping. Instead, they have resulted in less safe products on market and less effective vaping products for smoking cessation. Further, the complexities of these requirements have made it impossible for enforcement officers to determine compliance without extensive testing and evaluation.

Moving forward, the Government and the Ministry of Health need to work together with stakeholders to bring about meticulously drafted legislation and complementary regulations that achieve the common goal of reducing youth vaping while retaining smokers access to the products that have drastically reduced New Zealand’s smoking rates.

It is important to note that any new rules around vaping are destined to be a failure unless sufficient enforcement action is taking place. This is why we, along with health advocates like the Asthma Foundation, have been pushing for a shift in the enforcement of vaping to the Ministry of Justice.

20 March 2024

VIANZ is pleased to see today's announcements from Minister Costello regarding tightening up the regulations to prevent youth vaping.

Banning disposables, increasing fines for retailers who sell to youth, and ensuring appropriate staffing levels in specialist vape retailers (SVRs) are all steps VIANZ has asked the Ministry to implement previously. It is our view that legislation without enforcement will not deliver change and we worry these changes will prove pointless unless authorities actually start to step up and enforce the regulations. We hope that as part of this announcement Government is giving thought to how the regulations will be enforced and what resources need to be invested to ensure youth access is prevented.

Successfully implementing a disposable vaping ban is challenging, even with effective enforcement, as manufacturers can innovate to circumvent regulatory intentions. We are already seeing a growing number of non-compliant products available on market today. To effectively manage a ban on disposable vaping products we propose a comprehensive strategy.

• Firstly, introduce a new layer of restriction that requires quality control certification for any manufacturer of vaping products. Manufacturers must be ISO certified and submit their certificates for verification by VRA before the product is accepted for sale.

• Secondly, the MoH should adopt a rigorous pre-approval process, meticulously scrutinising all product specifications before granting permission for sale. This step ensures that only compliant and high-quality products enter the market, addressing the current challenges of non-compliance.

• Thirdly, the government is encouraged to consider transferring regulatory control of vaping to the Ministry of Justice (MoJ). This suggestion is based on the MoJ’s established success in alcohol licensing, demonstrating a proven track record in effective regulatory oversight. Such a transition would contribute to a more robust and well-regulated vaping industry.

This proactive and multi-faceted approach will not only stem the flow of soon-to-be black-market disposable vaping products into our country, but it will also help to establish a market where only high-quality and approved products are available. Moreover, it is anticipated that such measures would alleviate the strain on enforcement officers, facilitating more efficient regulation and oversight.

We hope the Minister and her advisors will start to engage with industry on the proposed changes. We are more than happy to share our expert knowledge to ensure the regulatory changes are successful and youth access is prevented.

On behalf of industry, we ask to be included in conversations around the proposed phasing out of disposables. The New Zealand market is made up of small, independent, locally owned businesses who will need time to adjust their supply channels to ensure consumers retain access to the products they rely on to remain smokefree. For some companies these changes will pose a significant challenge, so ensuring a fair timeframe for the process will be crucial.

6 March 2024

A lack of enforcement of smokefree regulations by the Labour Government for many years has allowed widespread access to vaping products among young people and escalating frustration from both the public and industry.

Except for a handful of bad apples, the vaping industry in New Zealand is a legitimate, reputable industry united in its desire to help Kiwis stop smoking. We have a strong regulatory framework designed to stop young people accessing vaping products, but without enforcement the regulations are pointless.

An absence of enforcement poses the most significant threat to our industry. It is driving policy makers to overregulate making it harder for smokers to quit, while fuelling big tobacco’s hold on smokers and failing to prevent youth access to vaping products.

We know social sourcing is the primary way teens access vaping products. The ASH Year 10 Survey found just 7.6% of young people who regularly vape source product from a vape shop, dairy or online. Industry acknowledges this number is not good enough.

But we must ask the question, if industry is responsible for 7.6% of sales to our young people, what are we doing to stop the 92.4%? Finger pointing at industry is not solving the problem. Industry has the insights and the expertise to help New Zealand get in front of this issue, which is why we have offered our support to Minister Costello.

Industry has pushed for better enforcement of the regulations for years. We have asked for higher fines for rogue retailers, proposed compulsory ID verification for online, asked for the Government to ban disposables and proactively called the MOH to dob in non-compliant retailers and products.

Sadly, outcomes from the MOH have been woeful, with charges brought against just one shopkeeper since 2020.

The time has come to shift the policing of the smokefree regulations from the MOH to the Ministry of Justice (MOJ) – and we have suggested this to the Minister.

Experience has shown us the MOH appears to have little interest in policing the smokefree regulations. The MOJ effectively handles the complex alcohol regulatory system and over the years has built up significant knowledge and experience in this space.

There is a strong argument for separating the policing of the industry from the smoking cessation policy work undertaken by MOH and Te Whatu Ora. Distance from enforcement means MOH can focus on developing evidence-based smoking cessation policies that support public health outcomes. It removes any conflict of interest and lets police draw on their specialist skills to ensure regulatory compliance by retailers.

It is certainly time to try something different, and we must get the balance right between protecting our youth and considering the needs of hundreds of thousands of ex-smokers who now rely on vaping products to stay smokefree.

13 November 2023

Media coverage of the OECD Health at a Glance report suggests New Zealand’s vaping numbers are increasing way faster than other countries. This is not true and the focus on New Zealand’s vaping rates while ignoring its impact on smoking rates feels a bit disingenuous.

Yes – 8.3% of New Zealanders are vaping, but the number of people vaping is only part of the picture. Ministry of Health statistics show smoking has dropped to an all-time low of 8% (2021/22), approximately half what it was 10 years ago (16.4% in 2011/12). With vaping rates now at 8.3% what we are seeing is a clear switch by smokers to vaping as overall we still have 16.3% of the population either smoking or vaping.

This is good news because smoking rates are falling faster than ever before. Also, good news is that the overall number of people either smoking or vaping is not increasing.

This positive impact of vaping on smoking is also present in Estonia which had smoking rates of 29.7% in 2020. By 2021 smoking numbers had dropped to 20% as vaping numbers rose to 10.4%, with the total smoking and vaping population remaining static at around 30%. These numbers clearly show the inverse relationship between vaping and smoking. Or put another way, vaping is finally succeeding where all other smoking cessation tools have failed.

Conversely the OECD report points out smoking rates in Turkey have increased by 2%. When you consider the sale of e-cigarettes is banned in Turkey, and smoking rates are continuing to rise (29.3% in 2023) this provides strong evidence that banning vaping simply encourages people to continue smoking. Prohibition has long been a pathway to failure, closer to home Australia, which has taken a hard line prescription only stance towards vaping, is now battling a thriving black market for both tobacco and vaping. With youth vaping rates of 14.5% health advocates are outspoken that the approach is not working, frequently pointing to New Zealand and the UK’s regulatory framework as a far more progressive way to achieve smokefree outcomes.

Vaping has caused significant disruption to the smoking industry, it has in fact been around for over 20 years but prior to the evolution and uptake of the modern-style products on sale today, no other single stop smoking innovation had managed to have an impact on smoking.

9 November 2023

There has been plenty of talk about the fact disposable vaping products have been banned as part of the new regulations announced by the Ministry of Health earlier this year.

This is not true. Disposable vaping devices have not been banned. The new regulations have created a new ‘single-use vaping product’ category that effectively captures what consumers previously called ‘disposable’. After 21 December 2023 single-use products will be expected to adhere to the following requirements:

• Retailers, distributors, NZ manufacturers & importers of notifiable products must only sell single-use vaping products that meet Product Safety Requirements (including nicotine limits, removable batteries, child safety mechanisms, labelling requirements).

Risk of ‘fire sales’ and product sent to landfill

While the Ministry is of the opinion 6 months is an adequate timeline to impose these changes, VIANZ has expressed concern that because the restrictions are being imposed on distributors and retailers at the same time there is a significant risk of wasted product. Accepted regulatory practice would normally be to impose a timeline on distributors followed by a subsequent timeline on retailers to allow product to be sold through in an organised manner. This is what has occurred previously with regulatory updates for the vaping industry.

This process is likely to increase the risk of ‘fire sales. We have already heard reports of products being sold at a loss. Unfortunately, without these types of sales tactics, designed to move large volumes of product quickly, industry would be faced with millions of products heading straight to landfill.

Recycling possible via VapeCycle

VIANZ member and New Zealand’s largest independent vape retailer, VAPO| alt., has existing sales channels into Australia under the prescription-only model. Following the 21 December deadline, it is expected some product will be sold through this avenue. VAPO | alt. is also unique in that they created the VapeCycle recycling programme to limit the environmental impact of vaping products. After 21 December any product deemed not able to be sold by VAPO | alt. will be diverted into VapeCycle. Other manufacturers and retailers will be taking a similar approach, but due to the restrictive timelines imposed by the Ministry of Health, unfortunately for some, the only option may well be landfill.

Disposables to remain in New Zealand

As long as a disposable or single-use device meets the above regulatory requirements then under the legislation it will be legal for sale in New Zealand.

VIANZ has expressed concern to officials that the complexity of these changes will make it impossible for the Vaping Regulatory Authority (VRA) to carry out adequate enforcement. Especially over the Christmas period, when these regulations are set to come into force. They appear to already be under-resourced and completely overwhelmed by existing regulations which leaves the door open for exploitation by less reputable sellers to continue selling non-compliant disposables.

17 October 2023

With smoking rates currently sitting at around 8%, New Zealand’s smokefree success is globally celebrated. The sharp decline in smoking numbers is clearly attributed to our evidence-based vaping legislation which has promoted equitable access aligned to public health objectives.

The true impact of vaping was recently summed up by Ben Youdan from ASH who said, “In the last two years, the daily smoking rate for wāhine Māori has dropped by one-third”, in 25 years of working in this field, he has never seen anything like it, and it is almost entirely a result of wāhine Māori switching to vaping. But with 5,000 people still dying each year from smoking-related illnesses, health professionals are in strong agreement that now is not the time to drastically reduce access to vaping products.

Recent changes by the Ministry of Health to vaping regulations have left the industry trying to wrap its head around what the changes actually mean. Despite multiple requests for more information there has been very little explanation supplied by the Ministry. There is no disposable ban, disposable products have been given their own category within the regulations. They will, from 21 December 2023, be required to have a replaceable battery and meet lower nicotine levels.

VIANZ's position has always been that non-smokers, and particularly young people, should not be vaping. In terms of helping adult smokers quit, disposable devices play a strong role – their relative affordability and ease of use removes financial barriers and delivers social equity by allowing all smokers to try an alternative to cigarettes.

Enforcement of the regulations remains the single largest barrier to reducing youth vaping. VIANZ has repeatedly reached out to provide support on how to deliver meaningful change in this space, but the previous Government has consistently proven unwilling to engage. We hope with the recent change of Government we will be able to collaborate in a positive way that will protect our young people while ensuring smokers maintain access to the products, they so desperately need to quit smoking.

The recent introduction of new battery regulations has unfortunately resulted in confusion for manufacturers, retailers and consumers – it appears there will be zero impact on disposable devices and their availability.

The current regulations have been created without a true understanding of the technology and the risks, and while we are quite sure this confusion is an unintended consequence, the impact needs addressing urgently. Until the confusion around the battery technology is clarified by officials, industry remains unclear and as such, we anticipate there is going to be a wide range of products available in the market – some of which may appear to be noncompliant.

22 September 2023

A new study published on 21 September, in the British Public Health Research Journal, has found that at a population level – e-cigarettes do not increase smoking rates.

The research concluded that alternative nicotine-delivery products (ANDs), which includes electronic cigarettes, are replacing cigarettes rather than encouraging smoking.

The authors are unequivocal in their conclusion that the claim e-cigarettes promote smoking is ‘unfounded’.

While the ability to which ANDs can reduce smoking rates overall remains unclear from this piece of research, the fact countries such as New Zealand have seen smoking rates decline rapidly following the introduction of vaping products is telling.

The true impact of vaping was recently summed up by Ben Youdan from ASH who has said, “In the last two years, the daily smoking rate for wāhine Māori has dropped by one-third”, in 25 years of working in this field, he has never seen anything like it, and it is almost entirely a result of wāhine Māori switching to vaping.

“In 2017 less than 1% of New Zealanders were vaping and according to a recent KPMG survey, tobacco consumption remained stubbornly high until 2019 when vaping numbers reached 3.3% and for the first time New Zealand saw a meaningful drop in tobacco consumption,” says Jonathan Devery, Chair, the Vaping Industry Association of New Zealand (VIANZ).

“This was followed by an increase in vaping rates to 8.3% in 2022 when New Zealand embraced vaping as a quit-smoking tool which coincided with an even more rapid drop in tobacco consumption rates and health experts attributing the 31% decline in smoking over just three years, to the disruptive force of vaping.

“This is yet another study adding to the growing wealth of medical research demonstrating the positive impact vaping is having on populations globally,” concludes Devery. “Not only does vaping not increase smoking rates, it is starting to have a reductive impact on smoking rates as demonstrated by Aotearoa’s 8% smoking rate. Importantly, this piece of reputable research strongly dispels the myth that vaping is a gateway to smoking for young people.”

20 September 2023

A new Cochrane analysis has compared the results of 319 smoking cessation clinical trials involving 157,179 people and found that nicotine e-cigarettes are the most effective tool for helping people quit smoking.

Researchers concluded nicotine e-cigarettes, varenicline and cytisine are the most effective options currently available for helping smokers quit long-term (more than six months) after data showed that for every 100 people, 10 to 19 are likely to quit using an e-cigarette; 12 to 16 using varenicline; and 10 to 18 using cytisine.

Dr Nicola Lindson, the lead author has stressed the importance of pulling together such a large data set involving over 150,000 people. The results clearly show e-cigarettes increase the likelihood of people quitting smoking.

“This clinical outcome combined with harm reduction advice supports the rationale that e-cigarettes should be a front-line smoking intervention,” says Jonathan Devery, Chair, the Vaping Industry Association of New Zealand (VIANZ). “Access to varenicline and cytisine pose challenges to smokers attempting to quit. Unfortunately, our health system is under significant strain with many hampered by a lack of doctor’s appointments and the associated costs. And, while varenicline is available on prescription in New Zealand, cytisine is not Pharmac approved and remains unavailable.”

According to Lindson, this comprehensive analysis “offers clarity, providing people who smoke, healthcare professionals and policymakers with reliable data to make informed decisions”. Importantly, the study not only looked at treatment effectiveness it also assessed the treatments safety profile with researchers noting no significant adverse effects and the fact that nicotine replacement therapies have been used since the 1980s.

Co-author Dr Jamie Hartmann-Boyce goes on to say, “Smoking remains the leading cause of preventable disease and death worldwide, and though many people want to quit smoking, it can be hard to do so. Our findings provide clear evidence of the effectiveness of nicotine e-cigarettes.”

“This study carries significant weight because systematic reviews carried out by Cochrane are recognised worldwide as the highest standard in evidence-based healthcare,” says Devery. “Cochrane reviews are independent of commercial bias and are often used in the development of evidence-based guidelines as a tool to support clinical decision making.

“For healthcare providers across Aotearoa, and consumers, this study provides strong evidence of the safety and efficacy of e-cigarettes. It provides the strongest rationale to date that e-cigarettes are the most effective smoking cessation tool, and the fact nicotine has been used for smoking cessation since the 1980s hopefully offers a greater level of comfort for many.”

13 September 2023

Like many small retailers, we have seen a material increase in ram raids and aggravated robberies over the last few years. However, we have not seen any statistics to suggest the industry is being specifically targeted. Sadly, the robbery over the weekend of a West Auckland vape store is an example of how these crimes are escalating.

The vape industry employs around 4,000 Kiwis, many of whom are working on the front line in our retail stores – and their safety is paramount. Some of our retailers are now spending up to $10,000 per store to install additional cameras and security. Unfortunately, we seem to be in the grip of a nationwide youth crime wave with teenager’s ram raiding and assaulting people for the rush, as there is often very little financial gain. This behaviour is undertaken with the knowledge that under the current regime there will be little, or no, consequences.

Meanwhile, law abiding businesses are unable to access any meaningful support from Government to help. Police are stretched to capacity and access to the Government’s fog cannon grant has so many exclusions, and technicalities, most retailers can’t access it. On top of this, insurance premiums are often more than the stock taken so losses are taken on the chin in an already struggling retail environment – with more pain forecasted to arrive.

25 August 2023

The announcement by the Labour Party to cap vape stores at 600 – we question where the evidence is to support this move. The fact that three quarters of young people access products from social sources (ASH, Health Promotion Agency) means this change will not reduce youth vaping numbers. It will certainly have a negative impact on the thousands of smokers across Aotearoa seeking to quit, and the thousands of vapers who have successfully quit. We wonder if Labour has considered the thousands of voters who rely on these products to remain smoke free.

Instead of using this pivotal moment to proactively support the transition of the 380,000 Kiwis still smoking onto the proven safer alternative, this strategy puts up hurdles making it more difficult for smokers to quit. Health experts believe we need to get the balance right between protecting our youth and continuing to help New Zealanders become smokefree – we believe there are a number of other strategies that would deliver this result.

This proposal is destined to fail because evidence shows the majority of young people are not purchasing their vaping products from reputable retailers. Authorities need to enforce the regulations, shut down stores that are operating outside the rules, regulate online channels and take on board recommendations from industry and health experts who have the data and expertise to help shape better outcomes that will both protect our youth and the thousands of Kiwis to whom smoking poses the biggest threat.

The sledgehammer approach might make for a succinct headline but, this approach is not backed by health experts, anti-tobacco campaigners, anti-youth-vaping advocates, or the vaping industry.

Regarding whether industry has plans to take legal action on this proposal – at this stage we are still trying to understand what evidence would support such a move. Notwithstanding the implausibility of legally challenging what is simply an election announcement from the Labour Party.

As an industry we have data and evidence that could help shape a framework that would actually restrict youth access – youth accessing vaping products currently poses the greatest risk to the smoking cessation benefits our industry has provided to date. We are frustrated that despite multiple attempts to discuss strategies with Government, they remain resistant to engaging with us so we can collectively put our young people first. Our view is if we are serious about curbing this problem then everyone needs to come together to make it happen, because on the issue of youth vaping everyone is on the same side.

As an aside, you might be interested to know that the Ministry has confirmed that the number of stores issued with licences near schools and marae since 6 June is consistent with the proportion that have opened since the outset of the scheme. This contradicts claims that there has been a ‘rush’ on stores opening near schools. This has clearly not been the case.

Comment from Ministry of Health – since 6 June, there have been a total of 91 new stores approved, and 39 of these are within 300 metres of schools or marae. This number is consistent with the proportion of stores that have opened near schools and marae since the scheme started.

22 August 2023

VIANZ is extremely concerned announcements by the Ministry of Health and the Labour Party over the last 24-hours have the real potential to derail Aotearoa’s smokefree ambitions while causing widespread job losses and business closures. VIANZ has always been supportive of measures undertaken by Government to protect young people from vaping. But to put the entire future of an industry at risk in an attempt to score political points after polling disastrously in the build up to the election is completely unacceptable.

The election announcement by the Prime Minister this morning to reduce the number of vaping outlets to 600, appears to simply be an arbitrary number not determined by evidence or based on science but simply ‘picked’ because it’s the same number of outlets Government chose to sell cigarettes.

Vaping products must be readily accessible to support smokers to switch and remain smoke free. Smokers have been, and are still, able to purchase cigarettes from over 8,000 outlets nationwide. In 2024, the dramatic reduction in availability of cigarettes presents New Zealand with the opportunity to convert remaining smokers to a substantially safer alternative. Specialist Vape Retailers (SVRs) are the best places for smokers to be educated on how to quit successfully. We believe these numbers should not be restricted during the critical transition period which will see tobacco outlets decrease from 8,000 to 600.

Reducing accessibility to vaping will simply drive smokers to black market cigarettes which will no doubt become readily available from criminal organisations as these new restrictions are rolled out. And as we can see from our neighbours in Australia, an illicit market has resulted in even higher levels of youth vaping (>30%) than we have in Aotearoa.

The fact that young people are not regularly buying vaping products from a retailer means it is unlikely this extreme approach to reducing outlets will have any impact on our youth vaping numbers. Evidence from the recent ASH 2021 Year 10 Survey found only 7.6% of young people source their products from a vape shop, dairy or online. The survey showed more than 75% of students access their vaping products from social sources, either friends, older people, or family, a statistic that aligns with international data including Australia.

Concerningly, the proposed changes will certainly have a negative impact on legitimate adult vapers seeking to access the most effective tool to help them quit smoking – and with 5,000 New Zealanders dying every year as a result of tobacco this is a complete travesty.

VIANZ has repeatedly asked to speak to the Government on the issue of youth vaping. We want to help Government understand more fully the social fabric that is facilitating and driving our young people’s access to vaping products, and work together to address this. Disappointingly, rather than take an evidence-based approach the Prime Minister has chosen to put the jobs of thousands of Kiwis at risk with an announcement unsupported by evidence and with no surety of a positive outcome.

VIANZ has repeatedly asked for stronger steps to be taken by Government to protect our rangatahi. We have expressed concern over the continued lack of enforcement by authorities who appear to have ‘bulk issued’ licences and are allowing the ‘store-within-a-store’ model to proliferate. Rather than enforcing the regulations the Government has continued to issue licences to retailers that do not meet the requirements of the regulations, and rather than take responsibility for its failure to take action (which is symptomatic of this Government), it is trying to use the industry as a political football to score points.

We have continually asked authorities to introduce far heavier penalties for businesses that sell to minors and aren’t adhering to the regulations, with a loss of licence for repeat offenders. So, if there was to be a silver lining in today’s announcement, we are pleased the Government has finally taken action on this point.

20 July 2023

To compare the number of Specialist Vape Retailer’s (SVRs) nationwide to McDonald’s and KFC outlets is extremely misleading – McDonald’s and KFC represent only a small subset of the total number of fast-food outlets across New Zealand. To compare a subgroup of the fast-food market with the entire SVR market is not an accurate comparison.

New Zealand has over 8,000 tobacco retailers nationwide, this means if we are to successfully stamp out smoking, vaping needs to be available in every location that tobacco is sold. Accessibility is even more important for communities where the health and financial burden from tobacco is higher (e.g., in Māori and Pacific peoples) – for vaping to remain an effective smoking cessation tool it needs to be as accessible as tobacco.

The Vaping Industry Association of New Zealand (VIANZ) acknowledges and supports the need for accessibility to vaping products to be carefully controlled, and VIANZ has repeatedly asked for stronger steps to be taken by Government to protect our rangatahi.

We have expressed concern over the continued lack of enforcement by authorities who appear to have ‘bulk issued’ licences and are allowing the ‘store-within-a-store’ model to proliferate. It is plain for all to see that licences are being granted to retailers that are clearly operating outside what was intended by the Act. The regulations state that assessment of a Specialist Vape Retailer (SVR) application must give consideration to staff being present at all times to ensure under-18s are not permitted entry, the Approved Vaping Premise (AVP) must be its own permanent structure, and the primary purpose of the AVP must be to sell vaping products only.

Observations by VIANZ members, supported by complaints from multiple community groups and the public, suggest that the Government’s Vaping Regulatory Authority (VRA) is not enforcing the regulations as was intended when issuing licences. Additionally, the current penalties for breaches of the regulations are not adequate enough to act as a deterrent. VIANZ has been asking authorities to introduce far heavier penalties (e.g., $10,000) for businesses that sell to minors and aren’t adhering to the regulations.

The vaping industry pays in excess of an estimated $3 million each year in fees and licences to enable Government to manage and enforce the regulations. VIANZ is questioning the apparent lack of resources within the VRA, as the funds collected from industry should be more than sufficient to enable authorities to undertake the relevant checks to ensure retailer compliance with the regulations. Concerningly, we understand very few retailer checks are being undertaken.

New Zealand’s sharp decline in smoking numbers is celebrated internationally and we are held up as an example of how evidence-based vaping legislation can support public health outcomes. Our legislation promotes equitable access to vaping products which has undoubtably contributed to smoking rates decreasing from 14.1% in 2017 to the current 8% we see in 2023. Health experts continue to remind us that 5,000 Kiwis lose their lives to tobacco-related illnesses each year, so the war against tobacco is far from over.

10 July 2023

A new study into the prevalence of tobacco carried out by KPMG gives a strong insight into the true impact vaping has had since it was introduced.

“In 2017 less than 1% of New Zealanders were vaping and according to the KPMG survey, tobacco consumption remained stubbornly high at 2087 tonnes. In 2019, vaping numbers reached 3.3% and for the first time New Zealand saw a meaningful drop in tobacco consumption of 81 tonnes to 2006 tonnes. This was followed by an increase in vaping rates to 8.3% in 2022 when New Zealand embraced vaping as a quit-smoking tool which coincided with a rapid drop in tobacco consumption rates to 1384 tonnes, with health experts attributing this 31% decline in smoking over just three years, to the disruptive force of vaping,” says Jonathan Devery, Chair of the Vaping Industry Association of New Zealand (VIANZ).

“With our smoking rates currently sitting at around 8%, New Zealand’s smokefree success is globally celebrated. The sharp decline in smoking numbers is clearly attributed to our evidence-based vaping legislation which has promoted equitable access aligned to public health objectives. But with 5000 people still dying each year from smoking-related illnesses, health professionals are in strong agreement that now is not the time to become complacent,” adds Devery. “Further, with the proven success of vaping under our current settings heavily reducing smoking consumption - now is not the time to be making any drastic changes to those settings.”

“VIANZ agrees with University of Otago Professor of Public Health Janet Hoek’s comments that our current smokefree settings do not seem to be promoting a black market, and the KPMG study supports this. Unlike Australia, New Zealand has created regulations that promote our smokefree ambitions by providing consumers with a range of vaping products that include a sufficient level of nicotine to help people quit. Professor Hoek’s view that people are primarily using vaping as their source of nicotine to step away from smoking aligns with public health data,” says Devery.

The importance of effective nicotine vaping products remaining readily available to support people quitting smoking is critical, especially as low-nicotine cigarettes are introduced.

“If we don’t provide viable nicotine substitutes, then the black-market issue experienced by Australia could become a reality here,” concludes Devery.

6 June 2023

VIANZ supports the Government’s desire to protect our young people from accessing vaping products. Vaping products are controlled over-18 products; however it is our view a lack of enforcement of the current regulations has contributed to our youth vaping numbers rising across Aotearoa.

1. VIANZ supports the proposed proximity restrictions for Specialist Vape Retailers to ensure they are not operating near schools or in locations that may lead to unnecessary exposure to youth. We would like to see the same restrictions extended to the sale of tobacco products.

2. The requirement to have a removeable or replaceable battery appears to be effectively banning disposable devices – a move VIANZ members support as we called on this as part of the submission process, assuming appropriate timelines were given to industry.

3. The suggested 3-months for disposables and 6-months for reusable vaping devices to be compliant to the proposed changes is unreasonable for industry to adhere to – this does not allow enough time for manufacturers and retailers to sell through existing products nor does it allow sufficient time for the innovation needed to develop appropriate product solutions. We would ask the Ministry to revisit these timelines with urgency.

4. In principle VIANZ supports the introduction of a child safe lock. This appears to be aimed at protecting very young children who should never be accessing these types of devices. Currently, the vast majority of products do not have this functionality, so while we support the intention, the fact devices do not contain these mechanisms means industry would require more than 6 months to innovate appropriate solutions. We are asking Government to reassess the timelines outlined in today’s proposal to facilitate this change.

5. Flavoured products are restricted to over-18 retailers; youth should not even be able to see these products. The current regulations, if enforced, would prevent youth from seeing these flavours. Industry data shows that 85% of adults prefer flavours other than the traditional tobacco, menthol and mint flavours general retailers are currently restricted to. The generic flavour names are, in our opinion, too simplistic, and by seeking to restrict appeal to youth will inadvertently have a negative impact on legitimate adult vapers attempting to quit smoking.

As part of our submission, VIANZ made a number of additional recommendations to further protect our youth from accessing vaping products, and we would welcome the opportunity to discuss these additional measures further with the Minister and her advisors.

14 June 2023

VIANZ members share the public’s concern about young people accessing vaping products but are extremely frustrated that, despite attempting to engage positively and provide meaningful proposals that would actively reduce youth vaping, Government is deaf to our concerns. A stunning lack of enforcement of the current regulations by the Ministry of Health is the core reason youth vaping numbers have risen across Aotearoa.

VIANZ provided the following 6-point roadmap to Government as part of the recent submission process, and we are confident if undertaken we would see a huge drop in the number of young people from vaping.

1. Removal or complete ban of single use vaping devices from the New Zealand market.

2. As with the sale of other controlled products (liquor) a license must be required to operate as a Specialist Vape Retailer (SVR).

3. To obtain a license an SVR must be a stand-alone operating site.

4. Heavier penalties for businesses that sell to minors or that import or sell non-compliant products e.g., $10,000.

5. Ministry of Health to increase enforcement of the legislative and regulatory SVR requirements.

6. All online sellers need to incorporate driver’s license and/or passport verification software into the sales process alongside additional measures to prevent youth accessing products.

While the Ministry of Health took on board our suggestion to ban disposable vaping devices, we are very concerned they have inadvertently created a new loophole for less reputable manufacturers to exploit. The loophole has already been outlined by Professor Janet Hoek from Otago University and we agree with her concerns. However, Professor Hoek’s suggestion to make all vaping products refillable is also easily circumvented and will inadvertently ban pod systems which are the most widely used vaping product for smoking cessation - particularly by public health cessation organisations. Closed pod systems are also the most pharmaceutically suited product for smoking cessation due to the quality control assurances associated with a sealed pod and are supported by the World Health Organisation.

The development and proliferation of disposable vaping products is directly correlated to an increase in young people vaping globally. These disposable vaping products are difficult to regulate, poor quality, cheaply made and cheaply sold. The sheer number entering the country make them impossible to regulate effectively.

VIANZ’s view is that there is a simple solution to eliminate these products through the use of a technological barrier. We need to restrict the use of the cheap disposable technology used in these products and we do not think the proposed regulations go far enough to do this. Utilising technology to stop the flow of cheap, low-quality products, will prevent manufacturers from utilising the loophole of creating replaceable batteries for existing disposable products.

We have repeatedly asked to meet with the Ministry of Health to explain the technology so that solutions can be created to restrict access to youth, while ensuring that Kiwis can continue to have the support they need to quit smoking. We are becoming increasingly frustrated that the Ministry of Health is making regulations without a clear understanding of both the science and the technology. Without collaboration we are concerned that the proposed solutions will hinder our smokefree ambitions without actually reducing youth vaping.

The reality is youth vaping poses the largest current risk to our industry. Miscalculated measures such as reducing access comparable to combustible cigarettes and reducing nicotine to levels substantially below that of a cigarette will inevitably backfire and lead to an increase of cigarette smoking and stop people from quitting a habit that kills two out of three users. The Government needs to listen to the industry which has expertise on products and use our knowledge of where the holes are in the current regulations to stop these products getting into the hands of young people.

30 May 2023

Forty-one leading tobacco and addiction experts from Australia and New Zealand have written an open letter to Health Minister Mark Butler expressing concern that Australia’s legislative “approach will have serious and harmful unintended consequences for public health, will slow the decline in smoking and will ultimately be unsuccessful”.

“They believe "the black-market will continue to import and supply unregulated products to adults and young people, people who smoke will have difficulty accessing a far safer alternative and some former smokers who currently vape will return to smoking" and are asking for the proposal to further restrict access to nicotine vaping products in Australia to be reconsidered,” says Jonathan Devery, Chair, of the Vaping Industry Association of New Zealand (VIANZ).

The experts cite credible data in the letter that shows vaping is strongly linked to faster drops in adult and youth smoking rates in nations such as New Zealand where vaping is widely accessible. They are advocating for a model that is endorsed by leading, independent international organisations such as the UK Royal College of Physicians, Public Health England (now OHID), the UK National Institute for Clinical Excellence, the New Zealand Ministry of Health and Health Canada.

New Zealand expert signatories to the letter include Emeritus Professor Robert Beaglehole, Dr Ruth Bonita, Professor Chris Bullen, Associate Professor George Laking, Dr Penelope Truman, Associate Professor Natalie Walker and Ben Youdan – all experts in public health, cancer, and tobacco harm reduction.

“Smokefree New Zealand is intrinsically linked to providing smokers with products containing the right nicotine levels to help them quit. The Ministry of Health (MoH) advises smokers that they need to start their smokefree journey ‘at a nicotine level that matches your cigarette’. There is a wealth of clinical evidence that backs up the Ministry’s advice,” says Devery. “Clinical evidence including from Public Health Professor and Medical Practitioner, Hayden McRobbie supports this advice, and research shows if nicotine content is too low smokers will find it too difficult to achieve the nicotine levels they achieved with cigarettes, and many will return to smoking.”

According to Action for Smokefree 2023 (ASH), in six short years vaping has caused the number of New Zealanders smoking daily to drop from 14.5% to record low levels of 8% for adults and 1% for young people. Regulation is having a positive impact on youth vaping rates with ASH’s most recent annual Year 10 survey showing a decrease in regular vaping in youth by 10%. New Zealand’s Smokefree success differs markedly from the United Kingdom where the much lower 20mg/mL limit of nicotine strength has seen smoking rates fail to decline meaningfully and smoking prevalence rates remain stubbornly high.

“New Zealand’s smokefree regulations and dramatic fall in tobacco use should be celebrated. But we need to stay the course to ensure the 387,000 Kiwis struggling to kick their tobacco habit are supported to quit. Key to this is access to safe, effective products containing the right amount of nicotine” concludes Devery.

22 May 2023

Smokefree New Zealand is intrinsically linked to providing smokers with products containing the right nicotine levels to help them quit. The 2021 regulations imposed a nicotine strength cap of 50mg/ml nicotine strength, which has been vital in assisting smokers with readily accessible products in market that deliver a similar level of nicotine to cigarettes.

We have had tremendous success with reduction in tobacco smoking rates due to the strength of vaping products readily available in market and according to Action for Smokefree 2023 (ASH), in the past six years vaping has contributed to the drop in the number of New Zealanders smoking daily from 14.5% to 8% for adults and 1% for young people. New Zealand’s smokefree legislation is having a positive impact on youth vaping rates – with ASH’s most recent annual Year 10 survey showing a decrease in regular vaping in youth by 10%.

“But enforcement of the regulations remains an issue,” says Jonathan Devery, Chair, Vaping Industry Association of NZ (VIANZ). “As part of the recent government consultation on the ‘Smoked Tobacco Regulatory Regime’ VIANZ members have called for much stronger enforcement of the regulations by authorities combined with a complete ban of disposable vaping devices.

“VIANZ is asking government to increase regulation and restrictions on Specialist Vape Retailers (SVRs) through the introduction of a nine-point action plan designed to reduce youth vaping. We believe stronger enforcement, heavier penalties and the removal of disposable devices will support Aotearoa’s Smokefree 2025 ambitions and provide greater protection of our rangitahi.”

VIANZ nine-point action plan to reduce youth vaping:

1. Removal or complete ban of single use vaping devices from the New Zealand market.

2. As with the sale of other controlled products (liquor) a license must be required to operate as a Specialist Vape Retailer (SVR).

3. To obtain a license an SVR must be a stand-alone operating site.

4. Heavier penalties for business that sell to minors or import or sell non-compliant products e.g., $10,000.

5. Authorities to increase enforcement of the legislative and regulatory SVR requirements.

6. All online sellers need to incorporate driver’s license and/or passport verification software into the sales process alongside additional measures to prevent youth accessing product.

7. Emissions testing data to screen for harmful ingredients must be provided for all products to ensure quality and consumer safety – ingredients list must include all product materials.

8. Battery testing certificates must be provided for all products to ensure product safety.

9. Introduction of minimum manufacturing standards for vaping products.

VIANZ applauds public health for the policies and interventions that have contributed to only 1% of Kiwi youth smoking cigarettes. VIANZ members are committed to making sure Kiwi smokers continue to have access to safe and effective quality vapes to help them quit.

3 May 2023

When lawmakers in Australia classified vapes as ‘prescription-only’ in 2021 they inadvertently gave rise to an unregulated thriving black market that has exploded across the country.

The black market is well established and is estimated to make up around 90% of all vape sales in Australia. With Australian criminal gang networks already illegally supplying vaping products to thousands of stores across the country, it’s unlikely the recently announced crackdown will have an impact. Even NSW Premier Chris Minns has conceded ‘it will be challenging for the state to enforce a crackdown on disposable vapes’.

This situation is vastly different to New Zealand’s approach where we have robust legislation, with vaping being a controlled product, much like liquor. Action for Smokefree 2023 (ASH), has reported that in six short years vaping has caused the number of New Zealanders smoking daily to drop from 14.5% to record low levels of 8% for adults and 1% for young people.

Unfortunately, due to a lack of enforcement, many of our rangatahi are accessing vape products. VIANZ members are concerned that despite great intentions by authorities to protect our youth from vaping, negligible enforcement of the legislation is leaving the door open for youth to access vapes. As part of the recent government consultation on the ‘Smoked Tobacco Regulatory Regime’ we called for much stronger enforcement of the regulations by authorities and increased fines for those who fail to adhere to the legislation especially for sales breaches relating to under-18s.

Globally, public health authorities have confirmed that vapes and e-liquid devices are 95% less harmful than cigarettes. New Zealand’s public health should be applauded for the policies and interventions that have contributed to only 1% of Kiwi youth smoking cigarettes. Our regulatory approach is designed to support Aotearoa’s Smokefree 2025 ambitions with protections in place to ensure youth vaping is minimised.

If New Zealand policy makers attempt to roll out a prescription-only vaping model, this would not only be to the detriment of our smoke free success but would undoubtedly result in a thriving black market as seen in Australia, where it is now a significant gang related issue. Our primary focus should be on enforcement of the current legislative and regulatory framework.

In order to protect our rangatahi while ensuring quality vape products are available to support Kiwi’s attempting to quit smoking, VIANZ has called on Government to increase regulation and restrictions on Specialist Vape Retailers (SVRs) through the introduction of a nine-point action plan.

VIANZ nine-point action plan to reduce youth vaping

1. As with the sale of other controlled products (liquor) a license must be required to operate as a Specialist Vape Retailer (SVR).

2. To obtain a license an SVR must be a stand-alone operating site.

3. Authorities to increase enforcement of the legislative and regulatory SVR requirements.

4. Heavier penalties for business that sell to minors or import or sell non-compliant products e.g., $10,000.

5. Battery testing certificates must be provided for all products to ensure product safety.

6. Emissions testing data to screen for harmful ingredients must be provided for all products to ensure quality and consumer safety – ingredients list must include all product materials.

7. All online sellers need to incorporate driver’s license and/or passport verification software into the sales process alongside additional measures to prevent youth accessing product.

8. Removal or complete ban of single use vaping devices from the New Zealand.

9. Introduction of minimum manufacturing standards for vaping products.