New vaping regulations explained: Disposables not banned
There has been plenty of talk about the fact disposable vaping products have been banned as part of the new regulations announced by the Ministry of Health earlier this year.
This is not true. Disposable vaping devices have not been banned. The new regulations have created a new ‘single-use vaping product’ category that effectively captures what consumers previously called ‘disposable’. After 21 December 2023 single-use products will be expected to adhere to the following requirements:
Retailers, distributors, NZ manufacturers & importers of notifiable products must only sell single-use vaping products that meet Product Safety Requirements (including nicotine limits, removable batteries, child safety mechanisms, labelling requirements).
Risk of ‘fire sales’ and product sent to landfill
While the Ministry is of the opinion 6 months is an adequate timeline to impose these changes, VIANZ has expressed concern that because the restrictions are being imposed on distributors and retailers at the same time there is a significant risk of wasted product. Accepted regulatory practice would normally be to impose a timeline on distributors followed by a subsequent timeline on retailers to allow product to be sold through in an organised manner. This is what has occurred previously with regulatory updates for the vaping industry.
This process is likely to increase the risk of ‘fire sales. We have already heard reports of products being sold at a loss. Unfortunately, without these types of sales tactics, designed to move large volumes of product quickly, industry would be faced with millions of products heading straight to landfill.
Recycling possible via VapeCycle
VIANZ member and New Zealand’s largest independent vape retailer, VAPO| alt., has existing sales channels into Australia under the prescription-only model. Following the 21 December deadline, it is expected some product will be sold through this avenue. VAPO | alt. is also unique in that they created the VapeCycle recycling programme to limit the environmental impact of vaping products. After 21 December any product deemed not able to be sold by VAPO | alt. will be diverted into VapeCycle. Other manufacturers and retailers will be taking a similar approach, but due to the restrictive timelines imposed by the Ministry of Health, unfortunately for some, the only option may well be landfill.
Disposables to remain in New Zealand
As long as a disposable or single-use device meets the above regulatory requirements then under the legislation it will be legal for sale in New Zealand.
VIANZ has expressed concern to officials that the complexity of these changes will make it impossible for the Vaping Regulatory Authority (VRA) to carry out adequate enforcement. Especially over the Christmas period, when these regulations are set to come into force. They appear to already be under-resourced and completely overwhelmed by existing regulations which leaves the door open for exploitation by less reputable sellers to continue selling non-compliant disposables.
