New Zealand Government Bans Disposable E-cigarettes and Increases Penalties

On September 12, the New Zealand government website announced the latest news about the ban on disposable e-cigarettes. Disposable e-cigarettes are now completely banned, and fines for selling e-cigarettes to minors have been significantly increased. This is the latest action taken by the New Zealand government to reduce youth e-cigarette use, bringing the country one step closer to achieving the "2025 Smokefree Plan.

According to public documents released by the New Zealand Ministry of Health, the process of implementing e-cigarette regulations in New Zealand has been lengthy, from their initial release to each subsequent step.

Preliminary exploration: Limiting e-cigarette flavors and nicotine concentrations.

Between 2017 and 2018, the New Zealand government established an e-cigarette technology expert advisory group, with the cabinet agreeing to a series of proposals. In 2019, the "e-cigarette Facts" website was launched to provide the public with relevant information and education.

In 2020, the Smoke-Free Environment and Regulated Products (E-cigarette) Amendment Act came into effect.

On August 11, 2021, the "Regulations on smoke-free environments and regulated products" were established and came into effect. The regulations stipulate:

General retailers (non-transitional professional e-cigarette retailers/professional e-cigarette retailers) are no longer allowed to sell e-cigarettes or smokeless tobacco products with flavors other than tobacco, mint, and menthol. Transitional and approved professional e-cigarette retailers can continue to sell products with any flavors that have not been banned (currently no flavors have been banned).

One of the requirements stated in the notice is that the levels of freebase nicotine in e-cigarette substances sold in New Zealand must not exceed 20 milligrams per milliliter, and nicotine salt concentrations must not exceed 50 milligrams per milliliter.

In August 2022, the Vaping Regulatory Authority was established to oversee e-cigarette products and process applications for professional e-cigarette retailers.

Image source: New Zealand Ministry of Health official website.

Regulation Expansion: Restrictions on store locations and product descriptions; "Generational Smoking Ban" Falters.

It is worth mentioning that New Zealand, under former Prime Minister Jacinda Ardern, implemented the world's strictest anti-smoking law on December 13, 2022. The new law includes a ban on the sale of tobacco to anyone born after January 1, 2009, with fines of up to 150,000 New Zealand dollars ($95,910 USD). This ban will last for the duration of a person's lifetime.

Former New Zealand Prime Minister Jacinda Ardern (right) | Source: New Zealand Government Official Website

This legislation will also reduce the allowable nicotine content in tobacco products for smoking and decrease the number of retailers allowed to sell tobacco by 90%.

In January 2023, the Smoke-free Environment and Regulated Products (Smoked Tobacco) Amendment Act came into effect, with certain parts of the new regulations set to be phased in over time.

From January to March 2023, the Māori Health Committee in New Zealand (Manatū Hauora) conducted public consultations on multiple proposals for implementing a tobacco smoking regulation system.

On June 6, 2023, the New Zealand government announced a new policy:

The new professional e-cigarette retailers (SVR) will not be allowed to open near schools and community centers. E-cigarette products and their packaging can only have generic flavor descriptions. The maximum nicotine concentration allowed in disposable e-cigarettes will be lowered to reduce their addictive potential. All e-cigarette products will be equipped with removable batteries and child safety mechanisms to increase their safety and better protect our youth. Finalized standards will be used to select approved retailers for the tobacco retail program, with a focus on factors such as accountability, location, safety, security, and training.

This plan will come into effect on July 1, 2024, with the number of tobacco retailers decreasing to no more than 600.

In August 2023, new regulations are expected to come into effect, with the "Protect Your Breath" campaign set to launch by the end of the year. Manatū Hauora will be reviewing the policy and regulations surrounding e-cigarette products. The review will consider the availability, appeal, and addictiveness of e-cigarettes, smokeless tobacco, and emerging products.

In November 2023, the new government of New Zealand announced the repeal of the "generation smoking ban" and stated that these amendments would be repealed by March 2024. They also announced changes to the requirements for e-cigarette products and the implementation of taxes only on combustible products.

New Zealand's newly elected Prime Minister Christopher Luxon. | Image source: X

In response to mounting public protests, newly appointed New Zealand Prime Minister Christopher Luxon has announced that although the "generation smoke-free" initiative has been scrapped, his government will continue to implement the previous Labour government's plan to crack down on cheap disposable e-cigarettes. He has also pledged that new regulations will gradually come into effect starting on December 21, 2023, in order for the new law to be enforced.

Image source: Official website of the New Zealand Ministry of Health.

Latest Action: Comprehensive ban on disposable e-cigarettes, increasing penalties for selling to minors.

On January 31, 2024, the New Zealand Ministry of Health requested retailers, distributors, New Zealand manufacturers, and importers to submit their annual reports for 2023. On March 21, 2024, the New Zealand government announced that in six months, they will enforce regulations requiring retailers, distributors, New Zealand manufacturers, and importers to only sell disposable e-cigarette products that meet product safety requirements.

On September 12th, the New Zealand government announced amendments to the Smoke-free Environments and Regulated Products Act (No 2), which increased the maximum fine for selling e-cigarettes or other regulated products to minors under the age of 18 from 10,000 New Zealand dollars (approximately 6,100 US dollars) to 100,000 New Zealand dollars (approximately 61,000 US dollars). The fine for individual offenses has also increased from 500 New Zealand dollars (approximately 310 US dollars) to 1,000 New Zealand dollars (approximately 615 US dollars), and for businesses the fine has been raised to 2,000 New Zealand dollars (approximately 1,230 US dollars).

Firsts will continue to follow the latest developments in the New Zealand e-cigarette legislation and report on it accordingly. Stay tuned for updates.