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.
---
### 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
---
### 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
show quoted sections
References
Visible links
1. http://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. https://www.health.govt.nz/about-ministr...
From: OIA Requests
Kia ora,
Thank you for your request for official information, received on 8 October
2025 for:
“### 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”
We are contacting you in accordance with section 18B of the Official
Information Act 1982 (the Act) as your request, as it is currently worded,
is for a very large volume of information. Your request may be refused
under section 18(f) of the Act as the information requested cannot be made
available without substantial collation or research.
In order to provide you with information sooner and in order to work
within a more manageable request, are you happy to refine your request to:
only non-compliant products, from 2024 onwards?
Please respond by 28 October 2025 so that we can consider your refinement
in our response to your request.
We look forward to receiving your response.
Ngâ mihi
OIA Services Team
Ministry of Health | Manatû Hauora
M[1]inistry of Health information releases
show quoted sections
References
Visible links
1. https://www.health.govt.nz/about-ministr...
From: OIA Requests
Kia ora,
Thank you for your request under the Official Information Act 1982 (the
Act) received on 8 October 2025 for:
### 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
Pursuant to section 15(1)(a) of the Act, Manatû Hauora (the Ministry of
Health) is writing to advise you that a decision has been made on your
request; however more time is required to administratively process the
information for release. We apologise for the inconvenience and any
frustration caused to you as a result and we are endeavouring to provide
this to you as soon as practicable.
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: [1][email address] or by calling 0800
802 602.
Ngâ mihi
OIA Services Team
Ministry of Health | Manatû Hauora
M[2]inistry of Health information releases
show quoted sections
References
Visible links
1. mailto:[email address]
2. https://www.health.govt.nz/about-ministr...
From: OIA Requests
Kia ora,
Please find attached the response for your request for official
information.
Ngā mihi
OIA Services Team
Ministry of Health | Manatū Hauora
M[1]inistry of Health information releases
show quoted sections
References
Visible links
1. https://www.health.govt.nz/about-ministr...
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