Thousands of vapes become illegal under new law

New consumer safety legislation which comes into effect this week is set to improve public health standards and help reduce the number of Kiwis injured when using vaping products.

The regulations will support the rapid recall of products which contain potentially harmful ingredients.

Under the new Smokefree legislation, thousands of vape and smokeless tobacco products will become illegal to sell unless registered with the Ministry of Health from this Friday, 11 February.

New Zealand consumers will also have access to a new database of vaping products allowing them to confirm its registration before purchase.

The move will also require manufacturers and importers to immediately report any adverse reactions to their products to the Ministry’s Vaping Regulatory Authority.

ACC statistics show an average of 1.4 injuries related to vaping each week - including burns and glass cuts.

The country’s largest retailer of e-cigarettes has welcomed the move, saying the industry is still in its relative infancy and increased regulation is essential for consumer protection.

Nabhik Gupta, Shosha spokesperson, says the new regulations set up a framework, under the Smokefree Environments and Regulated Products (Vaping) Amendment Act, by which the Director-General of Health can implement new restrictions around the sale of vapes.

“What we know about the new regulations is that they require a full breakdown of the quantities of ingredients in every single vape product to be notified to the Ministry of Health (MoH)

“This will allow the MoH to take a range of steps including declaring maximum limits for substances within a product, prohibit certain ingredients and even issue public warnings about a product, all at a granular level.

“In many ways we are moving closer to the regulatory levels and public health standards of the pharmaceutical industry.

“What this means in practice is that if a specific product or ingredient is identified as posing a risk to public health, it can be removed from shelves across the country rapidly - giving consumers a new level of confidence in the industry,” he says.

Addictions counsellor Leanne French says the new regulatory model will help provide reassurance for Kiwis looking to quit smoking.

“These changes will give smokers transitioning over to vapes more confidence as they look to give up smoking, knowing there is a greater level of Ministerial oversight around the safety of alternative products available on the market,” she says.

Gupta says they encourage consumers to check the Ministry’s Health Advisory and Regulatory Platform (HARP) database before purchase to ensure the product has been notified.

He says the platform contains details of tens of thousands of different vape products - with more being added each day.

“As the sheer volume of products on HARP suggests, the industry has grown at an unprecedented rate in recent years as more Kiwis begin their smoking cessation journey.

“With any new industry where public health is potentially at risk, it is critical to ensure the regulations are future-proofed, protecting consumers by keeping pace with the development of new technologies.

“We are completely supportive of the new standards and advise consumers to proactively use the Ministry’s database prior to purchase,” he says.