133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
18 August 2023
Michael Vaughan
By email: [FYI request #23478 email]
Ref:
H2023029086
Tēnā koe Michael
Response to your request for official information Thank you for your request under the Official Information Act 1982 (the Act) to Manatū
Hauora (the Ministry of Health) on 12 July 2023 for information regarding vape products, and
for the concerns you have raised about the availability vape products.
Vaping is not intended for young people or non-smokers, and while Manatū Hauora supports
the use of vaping products to help people to stop smoking, we also recognise that vaping
may pose a risk to the health of young people and are committed to reducing young people’s
use of these products. Please be assured that the Government has put measures in place to
discourage non-smokers, particularly young people, from vaping and continues to consider
the effectiveness of regulations in place.
Please find a response to each part of your request below:
“Since vape products became widely available in New Zealand (to non-smokers as
well as smokers), they have become a craze among our young people. Many
thousands of young New Zealanders who were non-smokers have become addicted to
vape products due to their highly-addictive nicotine content. Widespread harm is
happening to these young people which would not be occurring if vape products had
not been allowed to become widely available to non-smokers as well as smokers. This
is nothing short of catastrophic.
1)
When a company wants to start selling a product of this nature in New Zealand,
what is the process? Does the company have to seek permission to sell the
product? Does the company have to provide evidence of safety? Are there any
'checks and balances' and if so, who is responsible for administering them?”
There are several regulatory requirements for the importation of goods into New Zealand,
such as biosecurity and customs. In addition, specific legislative requirements may also
need to be met to sell products domestically and this includes the Consumer Guarantees Act
for example.
For vaping products, herbal smoking, and smokeless tobacco, there are additional legislative
requirements that must be met before they can be sold. Manufacturers and importers of
these products must notify the Vaping Regulatory Authority about the products they intend to
sell. This includes health warnings on vaping products, packaging, and requirements around
vaping product safety. The Vaping Regulatory Authority also manages applications from
retailers to become Specialist Vape Retailers, including any required harm reduction notices
and ensuring that they only sell notified vaping products. Further information about the
notification process for manufacturers and importers of notifiable products can be found on
the
Vaping Regulatory Authority webpage.
2)
Which Ministry, individual, agency or other authority in New Zealand could have
prevented the widespread availability of vape products?”
Any new product is required to meet the legal and regulatory requirements that exist at the
time of introduction. When vaping products were introduced to New Zealand around 2010
they complied with the relevant requirements and so no Ministry, individual, agency or other
authority could have prevented their availability. The Smokefree Environments and
Regulated Products (Vaping) Amendment Act 2020 was the Governments response to
concerns about widespread availability. The Act is administered by Manatū Hauora and
strikes a balance between ensuring vaping products are available for smokers who want to
switch to a less harmful alternative and ensuring these products aren’t marketed or sold to
young people.
In addition to these legislative requirements, local councils, individual businesses and
workplaces can also make their own policies around the availability of vaping as long as they
meet the minimum legislative requirements. Further information is available on the Vaping
Facts website.
3)
Why did the Ministry of Health not recommend to the relevant decision-makers
that vape products be made available ONLY to smokers who genuinely wanted
to use them as a means to stop smoking cigarettes? This could easily have been
achieved by making the vape products prescription-only.
Cabinet is currently considering advice on the final regulations. It is expected that the
Government will be able to make an announcement shortly on upcoming changes to curb
youth vaping. Manatū Hauora intends to proactively release key documents on the
Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act. This
will include Cabinet material, briefings, copies of submissions and other decision documents.
It is expected that these will be made available on the
Manatū Hauora website by the end of
August 2023.
The intent of the Government’s vaping laws is to achieve the dual objectives of preventing
the uptake of vaping among children and young people and supporting people who smoke to
switch to a less harmful product. We want to make it easy for everyone who smokes to has
the option to switch to a product that is less harmful than smoking tobacco. Vaping is not
intended for non-smokers or young people. Other nicotine replacement therapies are widely
available without prescription and so for this reason, the Government has decided to
regulate vaping products as a consumer product instead of requiring a prescription.
I trust this information fulfils your request. If you wish to discuss any aspect of your request
with us, including this decision, please feel free to contact the OIA Services Team on:
[email address].
Under section 28(3) of the Act, you have the right to ask the Ombudsman to review any
decisions made under this request. The Ombudsman may be contacted by email at:
[email address] or by calling 0800 802 602.
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Please note that this response, with your personal details removed, may be published on the
Manatū Hauora website at:
www.health.govt.nz/about-ministry/information-
releases/responses-official-information-act-requests. Nāku noa, nā
Dr Andrew Old
Deputy Director-General Public Health Agency | Te Pou Hauora Tūmatanui
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