This means that vaping products and their packaging can no longer be seen:
- from outside a specialist vape retailer store
- from outside or inside a general retailer
- online on an internet seller’s website.
The intention of these restrictions is to reduce exposure to vaping products, especially to young people.
The changes are the result of amendments to section 37 and section 23 of the Smokefree Environments and Regulated Products Act (the Act).
A copy of the Amendment Act is available on the New Zealand Legislation website.
There are different legal requirements for specialist vape retailers (SVRs), general retailers (eg, dairies, service stations, supermarkets) and internet retailers.
New legal requirements for approved specialist vape retailer stores
Vaping products and their packaging must not be displayed in such a way that they are visible from outside an SVR’s place of business (store). Vaping products and packaging may still be visible inside the SVR’s store so that people inside the store can see what products are available.
What is display
The Ministry’s view is that a display means the placement of vaping products or packaging in a place that they may be exposed to view, exhibited or shown. This may include in glass fronted cabinets or on shelves, counters or within transparent storage units.
What display is unlikely to include
The display of vaping products is unlikely to include:
- when a customer is sampling a vape inside the store
- where vaping products are visible for the minimum period necessary for delivery
- where vaping products are being handled when being purchased.
Outside the store
The Ministry’s view is that ‘outside the store’ includes any public or shared space such as public footpaths, streets or a shopping mall walkway. For example, a vape store inside a mall must ensure displays aren’t visible to general mall visitors.
Being visible means the products can be seen from outside the store, for example, through a window or open door and includes visibility through clear and partially transparent windows, doors or cabinets.
Retailers will need to consider how to comply with this requirement. They may consider the following:
- using enclosed display units so products cannot be seen from outside the store
- arranging shelves and counters so that vaping products and packaging are not visible from the doorway or windows
- using partial walls, screens or shelving units to block lines of sight from outside the store.
New legal requirements for general retailer stores
General retailers are retailers that sell vapes but do not hold an approval as an SVR. General retailers may include dairies, supermarkets and service stations. General retailers can only sell three flavour variants: mint, menthol and tobacco.
The Act already applies to retailers of tobacco and herbal smoking products who must not allow any part of a regulated product or its packaging to be visible from outside their store or an area inside their store to which members of the public are allowed access. From 17 June 2025, this requirement also applies to vaping products and packaging.
From 17 June 2025:
- vaping products and packaging must not be visible from outside a general retailer’s store, and
- vaping products and packaging must not be visible from an area inside the store that the public can access.
Deliveries
The Act already says that the visibility restrictions do not apply to a tobacco or herbal smoking product or package that is being delivered if the product or package is visible only to the extent that it is necessary for it to be delivered to the store or to a purchaser. From 17 June 2025, this exception will also include vaping products. This means tobacco, herbal smoking and vaping products may only be visible for a very short period of time while they are being delivered:
- to the general retailer’s store
- to a purchaser in the store.
It is the Ministry’s view that this exception only applies for as short a time as is reasonable to deliver the product to the store or to provide it to the purchaser. If cabinets containing regulated products can be seen by the public, these should only be opened to remove the product for sale and closed immediately following removal of the product. There is no exception for restocking cabinets.
New legal requirements for all internet retailers
From 17 June 2025 increased restrictions will be placed on internet sites to restrict the visibility of vaping products. These include:
- images of vaping products can no longer appear online – this includes any pictorial representation or design
- New Zealand based internet sites must not link to overseas sites that would be considered non-compliant in New Zealand.
Online retailers selling vaping products on websites can still identify the brand and variant name of the product, as well as the flavour, amount, quantity, size and price.
The Ministry’s view is that any description beyond this may be considered advertising. Advertising restrictions include language that appears to promote the product including flavour or taste descriptions that do not appear on the approved flavour name descriptions in schedule 5 of the Regulations.
Further information about advertising restrictions can be found at Publishing Regulated Product advertisements.
Penalties
From 17 June 2025, increases in some penalties for breaches of sections 37 and 23 of the Act come into force. From that date, the following penalties will apply.
- A person who breaches the legal requirements around visibility and display (section 37), without a reasonable excuse, is liable upon conviction to a fine of up to $50,000. Alternatively, they may be given an infringement notice with a fee of $2,000.
- A manufacturer, importer or distributor who breaches the legal requirements around advertising (section 23) is liable upon conviction to a fine of up to $600,000 unless the breach relates to vaping products or smokeless tobacco products in which case it is a fine of up to $200,000.
- A large retailer who breaches the legal requirements around advertising (section 23) is liable upon conviction to a fine of up to $200,000 unless the breach relates to vaping products or smokeless tobacco products in which case it is a fine of up to $70,000.
- Any other person who breaches the legal requirements around advertising (section 23) is liable upon conviction to a fine of up to $50,000 regardless of the product involved in the breach or an infringement fine of $2,000.
