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By Nik Dirga of RNZ

Disposable vape fans will see their habit go up in smoke from Tuesday, as tough new vape rules kick in.

Here’s what you need to know about changes to vape sales and advertising.

What’s being banned?

The distribution, manufacture, sale and supply of disposable vapes is being banned from Tuesday.

“We are getting rid of vapes that are most popular among young people, and that can only be positive,” Associate Health Minister Casey Costello said in announcing the changes last year.

The 2023/24 NZ Health Survey found 10.5% of people aged 15 to 17 vaped daily.

However, pod-style vaping devices will still be sold. They contain pre-filled pods which are swapped out to refill the vape.

Also as of Tuesday, vaping devices, products and packaging can no longer be displayed at general retailers. Specialist vape stores must not display products in any way that makes them visible from outside their place of business – that includes advertising, display in online stores and in vending machines.

There are also many new restrictions on advertising to promote or encourage the use of vaping products, including to existing customers. The new raft of advertising restrictions mean businesses could face a $2000 infringement fine.

For instance, the Government says it would violate the new regulations if a shop is advertising or posting about vaping products on social media platforms such as Facebook, Instagram, Twitter or Google business listings.

“From June 17 we will no longer be able to show images of the products,” one online vape retailer says on its website.

There’s quite a lot of detail in the new advertising rules and a full breakdown can be found on Health New Zealand’s website.

Also as of Tuesday, vaping specialist retailers can no longer use various promotional techniques such as giving away free vaping products, discounts, offering rewards, cash rebates or gifts for the purchase of vaping products, or offer lotteries or games to people who buy vaping products.

Aren’t there already some restrictions on vapes?

Yes, as part of the series of changes to the Smokefree Environments and Regulated Products Act 1990 last year. The new changes are the second line of alterations which began coming into effect in December.

As of December, fines for selling to minors and publishing prohibited advertisements were increased, and new vape speciality stores were forbidden from opening within 100m of early childhood education centres. There were already location restrictions saying specialty vape stores had to be at least 300m from schools or marae.

In introducing the amendments to smoking regulations last year, Associate Health Minister Casey Costello said: “New Zealand was too slow to effectively regulate vaping, and youth vaping rates are too high.

“We have collectively agreed that, we have recognised that, and we know that we can do better. We have to stop young people from taking it up as a habit.”

The ban on disposable vapes was put off for six months to allow retailers to prepare for the changes.

Jonathan Devery, chair of the Vaping Industry Association of New Zealand (VIANZ), said the group does support the disposable vapes ban, with a few caveats.

He said while VIANZ “supports the intent behind the policy – to reduce youth access and address the environmental impact of single-use products – the association is urging caution about the potential unintended consequences”.

University of Otago public health professor Janet Hoek, a leading researcher into vaping, said whether or not the ban will make a difference will depend on enforcement and product innovation by the industry.

Will people switch to refillable pods?

“I would expect [the ban] to reduce youth vaping given young people are very price sensitive,” Hoek said. “However, if the industry responds, as I think it is likely to do, by introducing cheaper pod vapes, the impact will be much less limited than we might hope.”

“They’re not a straightforward replacement,” Devery said. “There’s a real risk that removing the most convenient smoking cessation option could drive consumers back to cigarettes.”

Hoek said many manufacturers may look for loopholes they can exploit with bans.

“Disposable vapes are typically inexpensive [i.e. may cost less than $10 a device], so the vaping industry may respond by introducing new lower priced reusable vapes,” Hoek said, saying she had seen pod starter kits – without pods, which cost extra – being advertised for under $10.

“We saw this behaviour among tobacco companies as they tried to undermine the impact of increased tobacco excise taxes [they ‘shifted’ the tax to higher priced brands, away from lower priced brands and introduced entirely new brands to create a new ‘super value’ partition within the market].”

Devery of VIANZ said it’s possible some vape sales may just go underground.

“There are also serious concerns about enforcement,” he said. “Early warnings from the UK, where a disposable vape ban came into effect on June 1, suggest black market sales are likely to increase.”

Hoek said there is a lot of concern that manufacturers may find ways around disposable bans – she pointed to “Big Puff” high-capacity throwaway vapes that have drawn concern in the UK with their own disposables ban.

Several countries have now banned disposable vapes. Photo / 123rf

What does this mean for the vaping industry?

“We have consistently called for a full ban on disposable vapes, rather than incremental technical fixes, and we welcome the environmental benefits it will bring,” Devery said. “But the transition must be managed carefully to avoid driving consumers back to smoking or into unregulated markets.”

The industry group feels that some of the advertising restrictions may ultimately harm consumers and make it harder for retailers to interact with them.

“Many retailers, especially online, have relied on clear product information and guidance to help adults make informed choices,” Devery said. “New restrictions will limit what can be communicated, making it harder for consumers to understand available options or find support to switch.”

“Retailers are still recovering from last year’s rushed regulations that left them with unsellable stock and high compliance costs – from updating websites to in-store signage,” he said.

Many retailers have discounted their products heavily before the bans take effect.

But should more be done to control vaping?

Hoek said she thought the new measures would help cut youth vaping, but more strategy was needed.

“There are many omissions from the measures (e.g. the high concentration of vape stores in lower-income communities; the location of vape stores right next to schools). I would favour a more proactive strategy that reduced the appeal, availability, addictiveness and affordability of vaping products.”

One of the key complaints about disposable vapes has been the waste they generate, Devery said.

“Removing disposables will help cut vape-related e-waste by over 80% according to our industry estimates, but more must be done,” he said. “VIANZ recommends expanded take-back schemes like VapeCycle, producer-responsibility regulations, and better consumer education on safe disposal.”

“I would favour a ‘polluter pays’ model, where vape companies are responsible for the costs their products create,” Hoek said.

“Vape companies have been given clear rules to follow, and yet some are already looking for loopholes,” Asthma and Respiratory Foundation chief executive Letitia Harding said in a statement.

Associate Health Minister Casey Costello. Photo / Nick Monro, RNZ

Will this help meet Smokefree 2025 goals?

Back in 2011, New Zealand’s Government set the goal of a Smokefree New Zealand by 2025. There have been concerns that goal is falling short, with particular worries about Māori and Pasifika smoking rates.

Costello has maintained the Government’s changes will continue work toward the target.

“We do not want our young people vaping,” Costello said in Parliament. “We do not want them taking up this habit. We do not want them to be nicotine addicted. We also don’t want anybody taking up tobacco and smoking.”

The current smokefree goal aims to have less than 5% of the population smoking by December, but the latest data reveals there are still about 300,000 daily smokers – 6.9% of adults – across the country.

“VIANZ urges the Government to closely monitor the ban’s impact on smoking rates, particularly among priority groups, and ensure regulations don’t inadvertently harm those most vulnerable,” Deverey said.

“Vaping regulation must be viewed in the context of the devastating harm caused by smoking, which kills two out of every three users.”

“Strong rules and environmental responsibility are essential, but the broader goal must remain to reduce smoking and improve public health outcomes.”

Hoek said it’s important vaping retailers were brought along on that goal.

“People who sell vaping products should be able to help people switch successfully from smoking to vaping,” she said.

“We also need to let people know that, once they have switched completely to vaping and no longer think there’s a risk they would return to smoking, they should stop vaping.

“That latter message isn’t [for obvious reasons] communicated by vaping companies or retailers.”

-RNZ