The New Zealand Ministry of Health has admitted that it mistakenly threatened vape shops after it incorrectly interpreted the regulations governing the maximum amount of nicotine allowed in vaping products sold in the country.
While regulations allow for vape juice sold in New Zealand to contain up to 50mg/ml, the ministry previously indicated that it was their position that 28.5mg/ml was the maximum legally permissible nicotine strength. The ministry then threatened to cancel all vaping products that failed to comply with this misinterpretation.
The ministry’s admission came in August as it conceded in a court proceeding brought by Vapo, a specialist vape retailer in New Zealand. Vapo took the ministry to court back in March over its interpretation of the regulations, claiming that the ministry’s interpretation was unlawful and incorrect.
After the court ruled in favor of Vapo, the government amended the regulations to match their prior misinterpretation, lowering the maximum nicotine strength of vaping products to 28.5mg/ml. The new limit is set to go into effect on March 21, 2024, however, the court is currently weighing whether the ministry has the ability to lawfully lower the limit.
In August, the ministry also announced new vaping regulations, which include:
- Limiting the maximum nicotine strength of disposable vapes to 20mg/ml.
- Requiring all vapes to have removable batteries and child-safety mechanisms.
- Requiring all new Specialist Vape Retailers to be at least 300 meters away from schools and marae.
- Requiring flavor descriptions on vaping products and their packaging to use only generic descriptions.
As the new regulations require vapes to have removable batteries, disposable vapes have effectively been banned in the country. While the ministry has taken a pro-vaping approach to e-cigarettes as they pertain to smokers who may benefit from switching to e-cigs, regulations continue to change quickly as the ministry strives to regulate vaping in the country while addressing new concerns as they arise. Elsewhere, governments around the world are tackling their own concerns with vaping, enacting new legislation aimed at regulating vaping products.
In France, Prime Minister Elisabeth Borne recently announced a plan to ban disposable vapes.
In Australia, Health Minister Mark Butler proposed a ban on recreational vaping earlier this year. The specifics of the minister’s plan have not yet been announced, leaving what is perhaps more questions than answers.
In Scotland, First Minister Humza Yousaf announced that his government will consult on the idea of banning disposable vapes.
