VIANZ submission the Smokefree Environments and Regulated Products Amendment Bill (No 2)

Disposable ban

VIANZ supports a ban on disposable vaping products, but does not support the extended definition of a “disposable vaping product” which would ban reusable products which use prefilled pods and cartridges.

Pod-based systems are safe and effective, and have played a critical role in assisting adult smokers to quit. Removing these products from market will not assist in addressing youth vaping or serve any other public health objective. Instead, their removal will have a profound impact on consumers, industry and retailers, including introducing safety risks for users, causing adults who want a simple product to revert to smoking, and encouraging the proliferation of a black market. The Ministry of Health shares these concerns.

Display and advertising restrictions

VIANZ does not support the proposed display and additional advertising restrictions, which improperly align vaping with smoking. The restrictions comprise an unjustified interference with industry’s right to freedom of expression. If the Government’s objective is to protect young people from exposure to vaping products, there are less rights-impairing measures.

There is also a fundamental disconnect, which needs to be considered by the Health Committee, between the proposed display and advertising restrictions for vaping and the absence of equivalent restrictions for the alcohol industry. This is pertinent given that alcohol is the single most harmful drug in New Zealand in terms of the impact on the user, on families and communities. The impact of vaping – including for young people – is negligible in comparison.

Proximity restrictions

VIANZ does not support the proposed proximity restriction – it operates as a de facto ban on new SVRs. Rather than banning new SVRs, VIANZ considers that the Government should tighten eligibility criteria for SVRs to prohibit the ‘store within a store’ model and the sale of anything other than vaping products.

Offences and penalties

VIANZ supports the proposed new offences and increased penalties.

VIANZ also supports the introduction of expanded enforcement powers, including the ability of enforcement officers to seize non-compliant product and to issue fines.

View full VIANZ submission here.