133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
21 March 2024
Spencer Woodman
By email:
[FYI request #25513 email]
Ref:
H2024035220
Tēnā koe Spencer
Partial response to your request for official information
Thank you for your request under the Official Information Act 1982 (the Act) to Ministry of Health
– Manatū Hauora (the Ministry) on 25 January 2024 for information regarding vaping
regulations.
On 22 February 2024, the Ministry extended the due date for responding to your request
pursuant to section 15A(1)(a) of the Act, as the request necessitates a search through a large
quantity of information.
To avoid any delays in communicating a decision on your request, the Ministry is providing a
partial response at this time. Information in response to some parts of your request is outlined
below:
“1c. Are the responsible parties for this cost to the tax payer stil employed by the Ministry
of Health, and/or stil used for legal advice?”
In regards to question 1(c), this information is withheld under section 9(2)(f)(iv) of the Act, in
order to maintain the constitutional conventions that protect the confidentiality of advice
tendered by ministers and officials.
“2. a. What is the rationale behind the current formulation of flavour naming regulations
for vape products?
b. What considerations or assessments have been made regarding the alignment of these
regulations with the Fair Trading Act?
c. What steps or initiatives have been taken by the Ministry of Health to address potential
conflicts or legal challenges arising from the current regulatory framework?
d. Who is responsible for developing the list of flavour names?
e. How many vape products utilize the flavour name "Oat"?
f. How many vape products utilize the flavour name "Clove"?
g. How many vape products utilize the flavour name "Pepper"?
h. How many vape products utilize the flavour name "Nutmeg"?”
The rationale for specifying generic flavour names in the regulations is to limit the flavour
descriptions to being accurate descriptors of the product without permit ing flavour names that
are appealing to young people. This includes excluding flavour names that are: names of candy
brands, cocktails, soft drinks, energy drinks, and words that are not actual flavours such as
rainbow or burst. The Ministry is not restricting vape flavours or flavour ingredients, rather this is
a labelling requirement.
Regarding question 2(b) about aligning the Regulations with the Fair Trading Act 1986, the
Ministry undertook consultation with the Ministry of Justice and the Crown Law Office as part of
developing these regulatory proposals, and the subsequent Regulations.
Documents identified within scope of your request are itemised in Appendix 1. Where
information is withheld under section 9 of the Act, I have considered the public interest in
release of this information and do not consider that it outweighs the need to withhold it in this
case.
Ministry of Health staff, including the policy and regulation team, and staff from the Vaping
Regulatory Authority, undertook the analysis and collation of the initial flavour list, and continued
to refine and review against specified criteria before the final list was approved by the Director-
General of Health.
Turning to parts 2(e) - 2(h) on flavour names, we have gathered information from the list of
active product notifications that the Vaping Regulatory Authority has received. These can also
be found on the
:Notified Product Register. We have identified:
• 6 notified products that include the flavour variant ‘oat’. 2 of these products notifications
are under renewal.
• 5 notified products that include the flavour variant ‘clove’. 1 of these product notifications
is expired.
• 3 notified products that include the flavour variant ‘pepper’. There are also expired 4
product notifications for ‘Pepper mint’.
• No products have been notified that include the flavour variant ‘nutmeg’.
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].
The Ministry wil endeavour to provide a response to the remaining questions as soon as
possible. We thank you for your patience and apologise for any inconvenience this may have
caused.
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.
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
Page 2 of 4
Jane Chambers
Group Manager, Public Health Policy & Regulation
Public Health Agency | Te Pou Hauora Tūmatanui
Page 3 of 4
Appendix 1: List of documents for release
#
Date
Document details
Decision on release
1
27 June 2023
Email correspondence: Draft
Flavour Wheel
Released with some
information withheld under
1A
N/A
Email attachment: SERPA Flavour
Wheel
section 9(2)(a) of the Act, to
protect personal privacy
2
22 October 2023
Email correspondence: Flavour
Wheel
Email attachment: The role of
2A
N/A
flavors in attractiveness of
Publicly available:
electronic cigaret es
https:/ edepot.wur.nl/537112
Email correspondence: Ice
3
24 August 2023
memo/unintended consequence
and managing queries
Email attachment: Memo – Policy
decision taken to exclude
3A
29 August 2023
synthetic cooling agents from
approved flavours for vaping
Released with some
products
information withheld under
Email attachment: Audit trail to
section 9(2)(a) of the Act, to
Memo – Policy decision taken to protect personal privacy
3B
N/A
exclude synthetic cooling agents
from approved flavours for vaping
products
4
27 February 2023 Email correspondence: Vaping
submission
Email attachment: Whitehall-
4A
N/A
smokefree-environments-
regulations-submission-
form_feb_2023.pdf
Page 4 of 4
