Industry association frustrated at lack of engagement by Government to address youth vaping and concerned new regulations open the door for greater exploitation
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.
Removal or complete ban of single use vaping devices from the New Zealand market.
As with the sale of other controlled products (liquor) a license must be required to operate as a Specialist Vape Retailer (SVR).
To obtain a license an SVR must be a stand-alone operating site.
Heavier penalties for businesses that sell to minors or that import or sell non-compliant products e.g., $10,000.
Ministry of Health to increase enforcement of the legislative and regulatory SVR requirements.
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.
