Obligations under the WHO Framework Convention on Tobacco Control (FCTC): Article 5.3

Article 5.3 of the FCTC sets out an obligation that ‘in setting and implementing their public health policies with respect to tobacco control, Parties shall act to protect policies from the commercial and other vested interests of the tobacco industry in accordance with national law'. The FCTC Guidelines for the implementation of Article 5.3 note in their first principle that ‘There is a fundamental and irreconcilable conflict between the tobacco industry’s interests and public health policy interests.

The Ministry of Health advises Te Aka Whai Ora, Te Whatu Ora, the National Public Health Service, and funded stop smoking services to decline any requests and advise them of your intention, as a Crown Agency, to notify the Ministry of Health of their approach and your response.

Meetings and correspondence with tobacco industry representatives

Article 5.3 of the WHO Framework Convention on Tobacco Control requires parties to observe complete transparency in their dealings with the tobacco industry. As part of meeting this requirement,we keep a public record of all our meetings with tobacco organisations and their representatives. This practice has been in place since 2011.

18 October 2023: Letter from National Retail Group

Topic: Post-meeting follow-up

Signatory: Sandeep Aggarwal, Director

NRG followup for Ministry of Health (pdf, 508 KB)

25 September 2023: Minutes, National Retail Group meeting

Purpose: This meeting was requested by the National Retail Group, through correspondence addressed to Director-General of Health, Dr Diana Sarfati, and the Group Manager, Public Health Policy and Regulation, Jane Chambers, to discuss National Retail Group’s plans to introduce very low nicotine smoked tobacco products to the New Zealand market.

Meeting attendees: Gill Hall, Odette Shaw, Jane Chambers, Matt Burgess (Ministry of Health), Sandeep Aggarwal (Managing Director, National Retail Group), Sunny Kaushal (Chair, Dairy and Business Owners group).

Ministry of Health minutes - National Retail Group meeting - 25 September 2023 (pdf, 221 KB)

21 August 2023: Letter to the Director-General of Health and Group Manager of Public Health Policy

Purpose: National Retail Group (NRG) requested meeting with Ministry of Health regarding low nicotine smoked tobacco products.

Signatories: Sandeep Aggarwal, Director

Response to National retail Group (pdf, 991 KB)

23 June 2023: call from David Broome of Philip Morris

Purpose: David Broome of Philip Morris NZ called Grace Xu (Senior advisor of the Vaping Regulatory Authority) asking for clarification on the advertising related provisions of the Act and how they apply.

7 March 2023: meeting with 22nd Century

Purpose: 22nd Century sought a meeting with the Ministry of Health to present a paper re: reduced nicotine content tobacco products

Meeting attendees: Sally Stewart, Matthew Burgess, Carolyn Shivanandan (Ministry of Health), John Pritchard, Cesar Prieto (22nd Century), James Paul (The PR Company)

19 December 2022: Response from Chief Legal Advisor to Paul Radich KC

Response to letter dated 7 December on behalf of the Director-General of Health with reference to product safety requirements for vaping products 

Response from Chief Legal Advisor to Paul Radich KC (Word, 217 KB)

7 December 2022: Letter to the Director-General of Health

Topic: Product safety requirements for vaping products

Signatories: Paul Radich KC, Clifton Chambers on behalf of VEC Ltd and ALT New Zealand Ltd

Letter to the Director-General of Health (PDF, 665 KB)

6 December 2022: Response from Vaping Regulatory Authority to BAT New Zealand and co-signatories

Response to letters dated 23 and 25 November on behalf of all recipients with reference to nicotine salts in vaping products

Email sent to BAT and co-signatories from VRA (PDF, 142 KB)

25 November 2022: Letter to the Director-General of Health

Copied to Minister Little and Associate Minister Verrall from Bell Gully on behalf of BAT New Zealand

Topic: Vaping Regulatory Authority action against nicotine salt content in vaping products

Signatories: Tania Goatley/Sarah Brougham (Partner/Associate)

Letter on behalf of BATNZ (PDF, 117 KB)

25 November 2022: Letter to Associate Minister Verrall

Copied to Minister Little, Minister Hipkins, the Associate Minister’s office, the Director-General of Health, Ministry of Health officials and the Vaping Regulatory Authority  from BAT New Zealand on behalf of Whitehall Ltd, Vapemall NZ, Cosmic NZ, Vape Merchant Ltd, The Vapour Warehouse NZ Ltd, Kolotex LH Vape Ltd, Mission Brands Ltd, Ecigdis Ltd, Liquid Lab Ltd, TRM Ltd, BAT New Zealand, Alt New Zealand Ltd, VEC Ltd, and Te Wairua Ltd

Topic: Communications from vaping industry on new VRA interpretation of nicotine limits in vaping products

Signatories: Andy Hrstic (BAT New Zealand), Mark McGiven (Whitehall Ltd), Seung Ho Lee (Vapemall NZ), Ben ordering (Cosmic NZ), Clint Baxter (Vape Merchant Ltd), Naresh Murugarajan (The Vapor Warehouse NZ Ltd), Xiaona Zeng (Kolotex LH Vape Ltd), Jong Zhang (Mission Brand Ltd) Pearce Stephens (Ecigdis Ltd), Arin Guinness (Liquid Lab Ltd), Michael Nicolson (TRM Ltd), Jonathan Devery (Alt New Zealand Ltd), Benjamin Pryor (VEC Ltd), Morris Lazootin (Te Wairua Ltd)

Letter to the Hon Dr Ayesha Verrall - VRA interpretation of nicotine salt limits in vaping products (PDF, 434 KB)

23 November 2022: Letter to Minister Verrall

From BAT New Zealand on behalf of Whitehall Ltd, Vapemall NZ, Cosmic NZ, Vape Merchant Ltd, The Vapor Warehouse NZ Ltd, TRM Ltd, Alt New Zealand Ltd, VEC Ltd, and Te Wairua Ltd

Topic: VRA interpretation of nicotine salt limits in vaping products

Signatories: Andy Hrstic (BAT New Zealand), Mark McGiven (Whitehall Ltd), Seung Ho Lee (Vapemall NZ), Ben ordering (Cosmic NZ), Clint Baxter (Vape Merchant Ltd), Naresh Murugarajan (The Vapor Warehouse NZ Ltd), Michael Nicolson (TRM Ltd), Jonathan Devery (Alt New Zealand Ltd), Benjamin Pryor (VEC Ltd), Morris Lazootin (Te Wairua Ltd)

Letter to the Hon Dr Ayesha Verrall - VRA interpretation of nicotine salt limits in vaping products (PDF, 395 KB)

23 November 2022: Letter to Vaping Regulatory Authority

Letter marked as ‘Confidential’

19 October 2022: Power Point presentation from 22nd Century Group Inc

Topic: An Introduction & Overview of the Products and Scientific & Clinical Studies

Sent on behalf of John D Pritchard (VP Regulatory Science)


6 October 2022: Letter from 22nd Century Group Inc

Topic: Progressing towards denicotinisation and reducing tobacco harm

Signatory: John D Pritchard (VP Regulatory Science)


13 September 2022: Letter from British American Tobacco (NZ) Ltd

Topic: Low nicotine smoked tobacco products

Signatory: Andy Hrstic (General Manager)


1 June 2022: Letter from British American Tobacco (NZ) Ltd

Topic: Smokefree Aotearoa 2025 Action Plan – Very Low Nicotine Cigarettes

Signatory: Andy Hrstic (General Manager), Kheta Quinn (Head of Legal & External Affairs)


2 September 2021: Letter from Imperial Brands Australasia

Topic: Content requirements for tobacco packages under the Smokefree Environments and Regulated Products Regulations 2021.

Signatory: Kristen Daggar-Nickson (Head of Legal and Corporate Affairs).


21 June 2021:  Letter from British American Tobacco (NZ) Ltd

Topic: Sale of tobacco products in non-standardised tobacco packaging.

Signatory: Kheta Quinn (Head of Legal and External Affairs).


13 May 2021: Meeting with British American Tobacco (New Zealand)

Purpose: To discuss social media advertising of regulated products and promotions.

Meeting attendees: Matt Burgess and Stephanie Parlane (Ministry of Health), Elliot Steel and Kheta Quinn (BAT NZ).


2 June 2017: Meeting with Imperial Tobacco

Purpose: To discuss how new tobacco products and nicotine-delivery devices should be regulated.

Meeting attendees: Jane Chambers, Sally Stewart, Veronica Adams (Ministry of Health), Louise Evans McDonald and Andrew Gregson (Imperial Tobacco).


2 June 2017: Meeting with Philip Morris International

Purpose: To discuss how new tobacco products and nicotine-delivery devices should be regulated.

Meeting attendees: Jane Chambers, Sally Stewart, Veronica Adams (Ministry of Health), Anna Stefanatos, Eunice Cher and James Arnold (PMI).


30 May 2017: Meeting with British American Tobacco (New Zealand)

Purpose: To discuss how new tobacco products and nicotine-delivery devices should be regulated.

Meeting attendees: Jane Chambers, Sally Stewart, Veronica Adams (Ministry of Health), Janice Thein, Ed Mirana and Alastair Duncan (BAT NZ).


23 August 2016: Meeting with British American Tobacco (New Zealand)

Purpose: To discuss technical details related to the Standardised tobacco packaging consultation document
Meeting attendees: Jane Chambers, Matthew Everett, Brendon Baker, Navid Foroutan, Veronica Adams (Ministry of Health), Saul Derber, Janice Thein, Abdul Basit Aijaz (British American Tobacco)


22 August 2016: Meeting with Imperial Tobacco (New Zealand)

Purpose: To discuss technical details related to the Standardised tobacco packaging consultation document

Meeting attendees: Jane Chambers, Matthew Everett, Brendon Baker, Navid Foroutan, Veronica Adams (Ministry of Health), Andrew Gregson, Brendan Walker, Graham Chote, Karen Geddes, Louise Evans McDonald (Imperial Tobacco)


18 August 2016: Meeting with Pacific Cigar (New Zealand)

Purpose:  To discuss technical details related to the Standardised tobacco packaging consultation document

Meeting attendees: Jane Chambers, Matthew Everett, Brendon Baker, Navid Foroutan, Veronica Adams (Ministry of Health), Francesca Butler, Brett Hogan (Pacific Cigar)


18 August 2016: Meeting with Scandinavian Tobacco

Purpose:  To discuss technical details related to the Standardised tobacco packaging consultation document

Meeting attendees: Jane Chambers, Matthew Everett, Brendon Baker, Navid Foroutan (Ministry of Health), Reg Hodgson, Tony Garcia (Scandinavian Tobacco)


30 June 2016: Meeting with British American Tobacco New Zealand

Purpose: To discuss the reported change in structure within British American Tobacco New Zealand and whether this has any implication for future statutory reporting or related communication between British American Tobacco New Zealand and the Ministry of Health

Meeting attendees: Mr Saul Derber (British American Tobacco New Zealand), Jane Chambers and Brendon Baker (Ministry of Health).


14 May 2014: Meeting with Nicoventures

Purpose: For Stephen Jenkins of Nicoventures to share Nicoventures’ views on Electronic Nicotine Delivery Systems (electronic cigarettes), details of Nicoventures’ product pipeline in the United Kingdom and what Nicoventures may have to offer for New Zealand.

Meeting attendees: Stephen Jenkins (Nicoventures); Monique Leerschool, Brendon Baker, Matthew Everett and Stacey Connor (Ministry of Health); Brent Caldwell and Professor Julian Crane (University of Otago); Dr Natalie Walker and Oliver Knight-West (University of Auckland); Dr Richard Jaine (Medsafe).


28 February 2013: Tobacco Industry Report on the Illicit Tobacco Market in New Zealand

Purpose: British American Tobacco NZ, Imperial Tobacco NZ and Philip Morris NZ have commissioned a report on the illicit tobacco market in New Zealand. The report looks to further understand and estimate the size and nature of illicit trade in tobacco products. The meeting was to inform the Ministry of Health of the report’s scope.

Attendees:  Paul Badco, Matthew Everett, Brendon Baker (Ministry of Health); Susan Jones, British American Tobacco NZ, Head of Corporate and Regulatory Affairs, Dr Mark Dimech, British American Tobacco Australia, Senior Regulatory Affairs Manager, Dawn O’Connor, British American Tobacco NZ, PR & Regulatory Affairs Manager, Chris Bishop, Philip Morris NZ, Corporate Affairs Manager, Thomas Pryor, Philip Morris NZ, Corporate Affairs Manager, Gary Dickson, Imperial Australia, Regulatory Affairs Manager, Cathy Edwards, Imperial New Zealand, Corporate Affairs Manager, Marc Potter, KPMG NZ, Director, Erin Dillon, KPMG NZ, Advisor.


21 February 2012: Meeting with British American Tobacco (New Zealand)

Purpose: To discuss the ingredients and omissions related to articles 9 and 10 of the FCTC.

Meeting attendees: Brendon Baker, Karen Evison (Ministry of Health), Susan Jones, Gavin Mullard, Nicholas Booth


4 November 2011: Meeting with Philip Morris (New Zealand)

Purpose:  To discuss the implementation of the Smoke-free Environment (Controls and Enforcement) Amendment Act 2011 particularly in relation to the removal of tobacco displays in shops.

Meeting attendees: Brendon Baker, Antje Heymanns (Ministry of Health), Brett Taylor, Christopher Bishop.


28 October 2011: Meeting with Imperial Tobacco New Zealand

Purpose: To discuss the implementation of the Smoke-free Environment (Controls and Enforcement) Amendment Act 2011 particularly in relation to the removal of tobacco displays in shops.

Meeting attendees: Brendon Baker, Matthew Everett, John Stribling (Ministry of Health), Paul Klouwens (Tracer Interiors – at the request of the Ministry of Health), Paul Warham, Pat Wylie, Cathy Edwards, Brendan Walker (Imperial Tobacco)


28 October 2011: Meeting with British American Tobacco New Zealand

Purpose: To discuss the implementation of the Smoke-free Environment (Controls and Enforcement) Amendment Act 2011 particularly in relation to the removal of tobacco displays in shops.

Meeting attendees: Brendon Baker, Matthew Everett, John Stribling (Ministry of Health), Susan Jones, Janice Thein (British American Tobacco New Zealand).

 

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