Lab Testing Data and Investigations into Vape Nicotine Mislabelling (Ministry of Health + ESR)
Amy Ferguson made this Official Information request to Ministry of Health
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From: Amy Ferguson
Kia ora Ministry of Health,
Under the Official Information Act 1982, I respectfully request the following information regarding vaping product testing and regulatory enforcement in New Zealand.
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### 1. Vape Product Testing (2020–2025)
Please provide a list of all vaping products that have been chemically tested by or on behalf of the Ministry of Health (or contracted parties such as ESR) between January 2020 and October 2025 to verify **nicotine concentration and label accuracy**. For each product tested, please include:
- Product name / brand
- Notified Product ID or internal reference (if applicable)
- Labelled nicotine concentration (mg/mL)
- Actual nicotine concentration found
- Whether the product passed or failed compliance thresholds
- Whether any follow-up action (e.g. product recall, warning, or prohibition) was taken
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### 2. Internal Assessments or Concerns
Please provide any internal memos, summary documents, audit reports, or briefing papers from 2020–2025 discussing:
- Prevalence of nicotine mislabelling in vape liquids sold in New Zealand
- Health or regulatory risks associated with this issue
- Any action plans, enforcement strategies, or trend analysis
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### 3. Testing Coverage
Please confirm:
- The total number of notified vape products in New Zealand as of October 2025
- The total number of those that have undergone nicotine composition testing
- Any relevant metrics on market surveillance or resource allocation for this purpose
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### 4. ESR Test Results (if held)
If the Ministry does **not** hold full laboratory results (e.g. raw ESR testing data), please confirm whether this information is held by ESR, and either:
- Transfer this part of the request to ESR under s14 of the OIA, **or**
- Provide contact information or a referral so I can request it directly
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### Notes
- I am happy to receive digital copies of any tables or documents.
- If any information must be withheld under s9 of the OIA, please provide the reason and a description of the information withheld.
Ngā mihi nui,
Amy Ferguson
From: OIA Requests
Kia ora Amy
Thank you for your request under the Official Information Act 1982 (the
Act), received by the Ministry of Health on 8 October 2025. You requested:
### 1. Vape Product Testing (2020–2025)
Please provide a list of all vaping products that have been chemically
tested by or on behalf of the Ministry of Health (or contracted parties
such as ESR) between January 2020 and October 2025 to verify **nicotine
concentration and label accuracy**. For each product tested, please
include:
- Product name / brand
- Notified Product ID or internal reference (if applicable)
- Labelled nicotine concentration (mg/mL)
- Actual nicotine concentration found
- Whether the product passed or failed compliance thresholds
- Whether any follow-up action (e.g. product recall, warning, or
prohibition) was taken
---
### 2. Internal Assessments or Concerns
Please provide any internal memos, summary documents, audit reports, or
briefing papers from 2020–2025 discussing:
- Prevalence of nicotine mislabelling in vape liquids sold in New Zealand
- Health or regulatory risks associated with this issue
- Any action plans, enforcement strategies, or trend analysis
---
### 3. Testing Coverage
Please confirm:
- The total number of notified vape products in New Zealand as of October
2025
- The total number of those that have undergone nicotine composition
testing
- Any relevant metrics on market surveillance or resource allocation for
this purpose
---
### 4. ESR Test Results (if held)
If the Ministry does **not** hold full laboratory results (e.g. raw ESR
testing data), please confirm whether this information is held by ESR, and
either:
- Transfer this part of the request to ESR under s14 of the OIA, **or**
- Provide contact information or a referral so I can request it directly
The reference number for your request is H2025073824. As required under
the Act, the Ministry will endeavour to respond to your request no later
than 20 working days after the day your request was
received: [1]http://www.ombudsman.parliament.nz/
If you have any queries related to this request, please do not hesitate to
get in touch ([2][email address]).
Ngâ mihi
OIA Services Team
[3]Ministry of Health information releases
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References
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1. http://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. https://www.health.govt.nz/about-ministr...
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