NZ’s new vaping laws - what’s changed?

On 11 November 2020, the long-awaited vaping regulations finally came into effect, despite the process starting in parliament almost two years prior.

The amendment Act strikes a balance between ensuring vaping products are available for smokers who want to switch to a less harmful alternative, and ensuring these products are not marketed or sold to young people.

Described as the “wild west” vaping industry, regulations were required to combat the uptake of youth vaping in New Zealand – a major concern raised by the education sector in particular.

The prior law did not cover rules and regulations for vaping. For example, there were no restrictions on the advertising of vaping devices and liquid, no regulations on vape and e-liquid flavours, no framework around vaping in public spaces, and there were no product safety requirements!

The Foundation has long been an advocate for vaping regulations in New Zealand, and submitted to the Select Committee on the Bill during the consultation phase. The Foundation is pleased to see that regulations are now finally in place, and hopes that this will work towards curbing the growing trend of youth vaping.

So what has changed in the new Act?

Vaping is now prohibited in workplaces, schools, early childhood education centres and a number of other locations

Advertising and sponsorship relating to vaping products is prohibited

The sale of vaping products and toy vaping products to under18s is prohibited

A new safety system has been introduced, which allows the Ministry of Health to recall products, suspend them and issue warnings

The importation and sale of nicotine products for chewing or similar oral use is prohibited

The sale of flavoured e-liquids is now limited to specialist stores, including online retailers, with shops such as dairies, supermarkets and petrol stations restricted to mint, menthol and tobacco flavours

It is now illegal to vape in a car with small children.

Some of the above legalisation has already come into effect as of 11 November, with the remaining legalislation to be phased in over 15 months.

Youth vaping – how much of a problem is it?

With no previous restrictions on marketing of vaping products, and a wide variety of attractive flavours available, recent studies show a significant rise in vaping in under 18-year-olds.

The latest ASH (Action for Smokefree 2025) Year 10 data on e-cigarette use among New Zealand adolescents shows that prevalence of regular (at least monthly) and daily use of e-cigarettes approximately trebled between 2015 and 2019, with the greatest use among Māori students.

Don’t Get Sucked In - youth vaping education

The Foundation recently re-launched the ‘Don’t Get Sucked In’ website to align with the new legalisation. The website encourages teens not to pick up vaping (or smoking) in the first place, by challenging them to do the research and think critically about vaping. The website is intended to publish and disseminate information and research about vaping products and their use. It sits within the wider body of work conducted by Asthma and Respiratory Foundation NZ to reduce the appeal of vaping (and smoking) to children and young people and promote healthy lungs. The material that is on the website is all evidence based and reviewed by our Vaping Educational Advisory Group made up of a wide array of experts including registered health practitioners.