Understanding the Smokefree Environments and Regulated Products Amendment Bill (No 2) and Its Impact on Consumers

As New Zealand progresses toward its Smokefree 2025 goal, the Smokefree Environments and Regulated Products Amendment Bill (No 2) has become a focal point in shaping the future of smoking cessation efforts and the vaping industry. This Bill introduces several regulatory changes that aim to address concerns about youth vaping while continuing to encourage harm reduction for adult smokers.

For consumers, especially those who rely on vaping as a less harmful alternative to smoking, these amendments could bring both opportunities and challenges. Here, we’ll break down the key points of the Bill and what it means for the vaping community.

 

1. Ban on Disposable Vaping Products: What Does It Mean for You?

One of the most significant changes in the Bill is the proposed ban on disposable vaping products, which have gained popularity among younger consumers. While this ban may help reduce youth access to vaping, there is concern that the definition of a "disposable" goes too far by including closed-system devices that use prefilled pods.

For adult consumers who prefer closed-system devices for their convenience and safety, this could be a major issue. These systems are designed to prevent tampering with e-liquid, ensuring a consistent nicotine level, making them particularly valuable for those who want a straightforward, low-maintenance alternative to smoking. The proposed ban on these devices may drive some consumers back to cigarettes or encourage a black market for regulated vaping products.

 

2. Online Censorship: Unintended Consequences for Consumers

The Bill proposes further restrictions on how vaping products can be advertised and sold online. While protecting young people from exposure to vaping products is a priority, these restrictions could have unintended consequences for adult consumers.

By limiting website content to just product names and prices in black and white, the proposed law could harm New Zealand retailers’ visibility in online searches. This would push consumers toward international websites where products are often unregulated, which not only undermines consumer safety but also hampers local businesses. Additionally, many adult smokers may be unaware of the safety and harm-reduction benefits of vaping if they cannot access adequate information online.

To ensure adult consumers can access vaping products while keeping them out of the hands of youth, the use of robust age-verification technology is recommended. This technology verifies a customer’s identification against government databases, ensuring that only adults can access vaping products online.

 

3. Visibility Restrictions for Specialist Vaping Stores: A Safety Risk?

Another proposal in the Bill is to block the visibility of vaping products from the street. For Specialist Vaping Stores (SVS), this means covering windows and hiding their products from public view, similar to the rules already applied to tobacco retailers. However, this approach could lead to increased security risks for retailers, as reduced visibility makes stores more vulnerable to burglaries.

From a consumer perspective, this could also create confusion, as hiding vaping products behind opaque windows sends a message that vaping is as harmful as smoking. This false equivalence could discourage smokers from making the switch to a safer alternative, inadvertently hindering public health goals.

A more balanced approach would be to prohibit window displays but allow stores to remain visible to the public to reduce safety risks while still minimizing youth exposure to vaping products.

 

4. Proximity Restrictions and the Shop-in-Shop Model

The Bill also proposes proximity restrictions, preventing new Specialist Vaping Retailers from opening within 100 meters of schools and childcare centers. While this measure is aimed at reducing youth exposure, it would also limit access for adult consumers who rely on these stores for smoking cessation products.

Furthermore, the shop-in-shop model, where vaping products are sold in shared retail spaces (such as within convenience stores), would come under stricter regulation. Dedicated staff should be required to handle vaping products, ensuring that stores are not unstaffed or left unattended. Additionally, stores should meet a 100% regulated product sales threshold to qualify for an SVS license, ensuring a clear focus on harm reduction products and proper retail oversight.

5. Pod Size Limits: Balancing Affordability and Accessibility

Another notable recommendation is the introduction of a maximum container size for prefilled pods. By capping the volume of liquid that can be sold in these pods, the Bill would reduce the affordability and accessibility of vaping products for youth. For adult consumers, this measure would keep the market affordable while limiting the appeal to younger individuals who might be drawn to large, more cost-effective products.

Conclusion: Navigating the Balance Between Regulation and Harm Reduction

The Smokefree Environments and Regulated Products Amendment Bill (No 2) is a significant step in regulating the vaping industry and reducing youth access to vaping products. However, there are potential pitfalls that could harm adult consumers who rely on vaping as a harm-reduction tool. By refining the definition of disposable vaping products, improving online sales restrictions, and addressing visibility and security issues for retailers, the Bill can achieve its goals without undermining consumer access to safer alternatives.

As New Zealand moves closer to its Smokefree 2025 goal, it is essential that the regulations continue to support those seeking to quit smoking by ensuring vaping remains a viable and accessible option for all adults.

For more information on the proposed Bill, you can view it on the New Zealand Legislation website here.