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Revision Explanation of New Zealand's Smoke Free Environment and Controlled Products Act
Author.
LCS
Source:
Post time:
2025-03-24
Recently, in order to better protect children and young people and reduce their exposure to electronic cigarette products, the New Zealand government has revised the Smokefree Environments and Regulated Products Act 1990. These changes include:
√ Restrict advertising and retail display
√ Increase penalties for selling electronic cigarettes to minors and
√ Prohibit the use of disposable electronic cigarette devices
Some of these terms have already come into effect on December 18, 2024, and in order to give retailers time to prepare, some terms will come into effect on June 17, 2025.
The main changes currently underway include:
Newly opened e-cigarette specialty stores must be at least 100 meters away from Early Childhood Care Education Centers (ECEs);
2. The punishment for illegal activities has been increased;
3. The new regulations will prohibit the display of electronic cigarette products and heated tobacco products
The new regulations will prohibit the sale and supply of disposable electronic cigarettes.
The new regulations on location and increased penalties have come into effect on December 18, 2024, while the requirements for visibility in retail displays and the ban on disposable electronic cigarettes will take effect on June 17, 2025- leaving time for the industry to prepare for the changes.
Effective from December 18, 2024
Intensify the punishment for illegal activities
The fines for selling to minors and advertising have increased.
For example, the fine for selling electronic cigarettes or cigarettes to minors (for businesses) has increased from NZD 10000 to NZD 100000, while the fine for other situations has increased from NZD 5000 to NZD 10000.
For illegal acts of selling products to minors, fines can be imposed without prosecution. For manufacturers, importers, distributors or retailers, the fine amount has increased from NZD 500 to NZD 2000, and for other cases, the fine amount is NZD 1000.
The fine for advertising a ban on electronic cigarettes or heated tobacco products remains at NZD 200000 for manufacturers, importers, or distributors, and NZD 70000 for large retailers. However, in other cases, such as small retailers, the fine will increase from NZD 15000 to NZD 50000.
The provision of a fine of NZD 2000 for the illegal act of publishing prohibited advertisements has also been introduced.
Address of electronic cigarette specialty store
Any new electronic cigarette specialty retail store (SVR) cannot open within 100 meters of early childhood education centers—— This restriction applies to new specialty stores applied for from December 18, 2024, and does not apply to regular retailers or existing specialty stores.
Electronic cigarette retail stores must be located at least 300 meters away from schools or Maori halls, and this rule will not change.
Information requirements for regular retailers and other regulated product sellers
All regular retailers selling electronic cigarettes, herbal and smokeless tobacco products (such as supermarkets, dairy stores, and gas stations) must notify the Ministry of Health that they are selling regulated products - this is known as a Regulated Product Seller (RPS) notice.
Now, all RPS notifiers must provide not only their business name and address, but also the name and business address of their store.
Effective from June 17, 2025
Retail visibility - prohibition of displaying electronic cigarette products
Starting from June 17, 2025, electronic cigarette devices, products, or packaging are no longer allowed to be displayed in regular retail stores, and specialty stores are not allowed to display these products in a way visible from outside the business premises (store) - this includes advertising and display in online stores as well as display in vending machines.
Prohibition of disposable electronic cigarettes
The ban on the distribution, manufacturing, sale, and supply of disposable electronic cigarette devices will come into effect on June 17, 2025.
Prohibit the use of disposable electronic cigarettes that are not designed or reused. Specifically, this includes the following electronic cigarette devices:
·Users are unable to refill the device by injecting electronic cigarette smoke into it; or
·Users are unable to achieve filling by replacing replaceable POD, cartridges, or similar containers; perhaps
·Users are unable to change ammunition
Pod style electronic cigarette devices can still be sold. Pod style electronic cigarette devices refer to refilling the device by replacing pre filled pods. These devices are not within the scope of the ban.
Professional electronic cigarette retailers advertise
According to the bill, it is prohibited to encourage the use, promotion, or advertising of the availability of products that require notification, or to promote smoking or vaping behavior. Starting from June 17, 2025, this bill also applies to professional electronic cigarette retailers when conducting business activities with existing customers.
Starting from June 17, 2025:
·Professional e-cigarette retailers will no longer be able to promote e-cigarette products to existing customers
·Online retailers will no longer be able to display electronic cigarette products, including product images, on their websites.
The prohibited advertising content includes:
·Posters or advertisements visible from both inside and outside the store.
However, it is still allowed for retailers to provide information on electronic cigarettes as a less harmful alternative to tobacco in their business premises.
Discounts and gifts
Starting from June 17, 2025, the rules for discounts, promotions, and giveaways will be updated. Previously, controlled products were not allowed to engage in such activities, except for electronic cigarette products sold in electronic cigarette specialty stores. This new change expands the ban to include e-cigarette products in specialty stores - meaning that from June 17, 2025, specialty stores (and their online stores), like other products under the bill, will no longer be able to:
·Free gift of electronic cigarette products,
·Retail stores offer discounts on electronic cigarette products,
·Provide rewards, cash rebates, or gifts for purchasing electronic cigarette products, or
·Provide lucky draws or games to people who purchase electronic cigarette products.
Child safety mechanism
Starting from October 2023, disposable electronic cigarette devices must be equipped with child safety mechanisms; Starting from October 2024, reusable electronic cigarette devices must also be equipped with child safety mechanisms.
The relevant regulations have been updated to explicitly require that the child safety mechanism function cannot be bypassed or permanently disabled by users. Some devices have previously allowed users to disable the child safety feature.
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