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NZ’s Vaping Laws: A Closer Look at the New Changes

  • September 6, 2023
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  • 3 minute read
  • Cole Schlawe
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People vape for many reasons, such as nicotine or other behavioural and social aspects. For many, it is just a step toward quitting smoking. New Zealand aims to facilitate a healthier community by reducing the smoking prevalence to 5% or less and curbing youth vaping rates for those who have not smoked before. Ultimately, these steps are working towards a Smokefree Aotearoa by 2025.

With the new NZ vaping laws rolling out this month—August 2023—buying that tutti frutti lollipop surprise flavour may not be so easy. We cover what you need to know.

Vaping in New Zealand

E-cigarettes are a proven method to help individuals stop smoking, with more than double the chance of successfully quitting compared to other methods. According to a publication from the Ministry of Health, in 2021/22, 8.0% of adults were daily smokers, a decrease from 9.4% the previous year and 16.4% in 2011/12. Additionally, 8.3% of adults were daily vapers/e-cigarette users in 2021/22, growing from 6.2% the previous year and 0.9% in 2015/16.

While the rise in e-cigarette use indicates former smokers’ successes, a study showed that e-cigarette use was highest in young people aged 18-24 (15.3%) and Maori (12.5%). These numbers highlight the importance of finding a middle ground that permits adult smokers to access less detrimental alternatives while implementing precautions against potential hazards, particularly among young individuals and non-smokers. The Smokefree Aotearoa 2025 action plan aims to assist adult smokers as they shift away from conventional tobacco usage. The plan includes a rollout of new vaping policies in harmony with the overarching aspiration of establishing a country free from smoking.

General Laws and Regulations Regarding Vaping in New Zealand

The Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (changed from the Smoke-free Environments Act 1990):

  • Mandates that all workplaces, which encompass restaurants and bars, maintain an environment free from both smoking and vaping.
  • Imposes the condition that educational institutions, such as schools and centres for early childhood education and care, ensure their premises and surroundings remain free from smoking and vaping.
  • Forbids the sale of vaping items, including non-nicotine vape liquids and imitation vaping products, to individuals under 18.
  • Prohibits the distribution of vaping products, directly or indirectly, to individuals under 18.
    Establishes specific safety standards that vaping products must adhere to before being made available.

Local councils, businesses, and workplaces apply policies that meet the minimum requirements of the law.

rows of vape juice in NZ vape store

What Are the Key Changes in the New NZ Vaping Laws?

In August 2023, the government will begin slowly rolling out these updated laws. The policies include the following:

  • New Specialist Vape Shops (SVRs) are prohibited from opening within 300m of schools and marae.
  • Vape products and packaging must only have generic flavour names and descriptions.
  • The maximum nicotine strength permitted in single-use (disposable) vapes will decrease to reduce their addictive potential.
  • From August 2023, all vaping products will have removable batteries and child-safety mechanisms.

By October 2023, general retailers like dairies, supermarkets, and petrol stations will not require prior approval. Still, they must advise the Director-General of Health if they sell notifiable products.

What Does This Mean for Existing and Potential Vapers?

By creating distance between vaping shops and places where young people gather, these NZ vaping laws help mitigate the accessibility of vaping products to minors.

Avoiding appealing or descriptive flavour names causes products to appear less enticing to younger individuals. This change aims to safeguard young people from initiating vaping at an early age and potentially transitioning to tobacco use.

The reduced maximum nicotine strength mitigates these products’ addictive potential, dissuading users from consuming excessive nicotine. Removable batteries and child-safety mechanisms will enhance the safety of vaping devices, especially around children, to prevent potential accidents.

But How Do I Breathe in a World WITHOUT Flavoured Air?

….is what you may be asking yourself. Well, you’ve got a potential two-year window as the new regulations gradually take effect. This window may further restrict your vaping privileges until the goal of a smoke-free Aotearoa is achieved by 2025. Perhaps it’s time to put aside the vape pen and say goodbye to the frantic searching when you drop it under the couch or the breathlessness you feel when climbing uphill.

Consider a new hobby or chewing gum to stay occupied when you’d normally puff on a compact smoke device. After all, you can’t vape if your mouth is preoccupied.

Vape smart and breathe easy, Aotearoa!

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Cole Schlawe

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