The information on this page applies to all manufacturers, importers, distributors, general retailers and specialist vape retailers. For addititional information for these specific industry types see:
Prohibition on advertising
From 11 November 2020, the existing prohibition on the advertisement of tobacco products is extended to vaping products.
This means it is prohibited to encourage the use, promote the sale, or notify the availability of vaping products.
Vaping products include vaping substances such as e-liquids and ‘vape juice’ as well as e-cigarettes and other vaping devices such as those used with heated tobacco products.
However, the prohibition on advertising does not include any of the following activities, provided the activity complies with any applicable regulations:
- price lists given to retailers, provided they display any required health messages
- advertisements published by a manufacturer that are intended only for their employees
- public health messages that are issued by the Director-General of Health and funded by a public service
- the display of vaping products inside a retailer’s premises or on their website
- information relating to vaping being a less harmful alternative to smoking
- if/when relevant regulations have been made, information about vaping products inside a retailer’s premises or on their website
- advice given by a suitably qualified health worker to help people switch from smoking to vaping
- research relating to notifiable products, or about encouraging smokers to switch to less harmful products
- information provided by manufacturers or importers to retailers about the use of notifiable products
- communications about vaping products from specialist vape retailers to their existing customers
- price lists in a retailer’s premises, on their website, or on automatic vending machines, provided:
- they only identify the vaping products available
- they use only printed or written words (or spoken words, in the case of a retailer’s premises)
- public notices indicating that regulated products are available and the location(s) where they can be purchased, using only printed or written words, and provided that they comply with any regulations
- the retailer’s name or trade name on the outside of their premises, provided the name does not signify regulated products can be purchased, is not a trademark of a regulated product, and is not the name of a manufacturer or importer of regulated products (exception for SVR's).
See vaping information for distributors and retailers for guidance on oral communications with customers about vaping products.
Prohibition on sponsorship
From 11 November 2020, the existing prohibition on the sponsorship of tobacco products is extended to vaping products.
This means that:
- trademarks, logos, branding, etc relating to vaping products must not be used to sponsor an organised activity or event in New Zealand
- manufacturers, importers, distributors, or retailers must not sponsor an organised activity in New Zealand based on an arrangement for them to be the sole supplier of vaping products for the activity or event
- articles that are not vaping products must not bear a trademark or name related to such a product
- trademarks or names related to a vaping product must not be used for advertising or identifying any service, activity, event, scholarship, fellowship, or other educational benefit.
Prohibitions on free/discounted/bundled distribution or supply
From 11 November 2020, a number of prohibitions on the distribution of tobacco products are extended to vaping products. These include that:
- vaping products must not be distributed for free or at a reduced charge, except:
- by a specialist vape retailer from their approved vaping premises or approved internet site
- as part of a publicly-funded smoking cessation programme
- vaping products must not be packaged together with other types of product or distributed/supplied with other types of product at a single price (although they can be purchased at the same time within the same transaction and then bagged or shipped together)
- the purchaser of a vaping product must not be offered a gift, cash rebate, or the right to participate in a contest, lottery or game, in consideration for their purchase, except:
- by a specialist vaping retailer at their approved vaping premises or approved internet site
- retailers may not be offered a gift, cash rebate, or the right to participate in a contest, lottery or game in relation to:
- the purchase or sale of vaping products by the retailer
- the advertising of vaping products in the retailer’s premises
- the location of vaping products in the retailer’s premises.
Prohibitions on flavourings and colourings
From 11 May 2021, vaping products and smokeless tobacco products that contain colouring substances cannot be sold in New Zealand.
In addition, from 11 August 2021, general retailers can only sell tobacco, mint or menthol flavoured vaping products or smokeless tobacco products. Specialist vape retailers may continue after this time to sell products of any flavour that has not been prohibited.
Packaging and labelling
Requirements in relation to the packaging and labelling of vaping products may be set out in regulations.
Public consultation on an initial set of regulations is expected to take place by early 2021. The regulations are expected to come into force by 11 August 2021, although some provisions may be phased in over time.
Offences and penalties
The Amendment Act sets out a number of offences and penalties for breaches of its provisions.