Data intelligence for the vapour sector in Australasia

13th September 2023: Australia: Health minister Mark Butler has announced that a regulation is about to be introduced to further restrict nicotine-containing and nicotine-free vaping products. The bill, if passed, will impose neutral packaging and health warning requirements for vaping products and prohibit advertising them at the federal level. The bill also proposes a flavour ban and is expected to envisage a disposable vaping products ban, measures which had been announced in May 2023. The government expects the bill to come into force on 1st April 2024. Industry would be given a year from that date to comply with requirements, and retailers would be given a further three months.
8th September 2023: New Zealand: The Vaping Regulatory Authority has lost a court case against the retailer Vapo for incorrectly threatening vape retailers for selling non-compliant products, press reports. Although the regulations set the nicotine strength at 50 mg/ml, the authority said that the amount of pure nicotine allowed in nicotine salt vaping substances is generally between 26 and 37 mg/ml, as nicotine salts are not composed entirely of nicotine. Vapo challenged the authority on the basis that its interpretation was incorrect and unlawful. The court found that Vapo's interpretation of the regulations was correct. The government has since amended the regulations to lower the maximum nicotine strength to 28.5 mg/ml, and whether the ministry is able to lawfully reduce the limit is currently before the court.
24th August 2023: New Zealand: The minister of health has published the Smokefree Environments and Regulated Products Amendment Regulations. The regulations include packaging and new product safety requirements, retail restrictions, a new nicotine concentration limit of 20 mg/ml for disposable devices and 28.5 mg/ml for reusable devices containing nicotine in salt form, and mandatory removable batteries for reusable products. The regulations will take effect at different times, beginning on 21st September 2023.
22nd August 2023: New Zealand: The Labour Party says it will limit the number of vape stores nationwide to 600 and introduce a licensing regime if it is re-elected in the October election, press reports. "The licensing regime will both be able to reduce the number of outlets that sell vapes and also ensure there aren't clusters of vape stores targeting schools or low socio-economic communities," said Labour leader and current prime minister, Chris Hipkins.
21st August 2023: New Zealand: Health minister Ayesha Verrall has confirmed that the new regulations to limit youth vaping will come into effect on 21st September. All vaping devices will need to have removable batteries and child-safety mechanisms. Maximum nicotine concentration is set to 20 mg/ml for disposable vapes and 28.5 mg/ml for reusable products that contain nicotine only in salt form.
14th August 2023: New Zealand: Vape Free Kids New Zealand (VFK NZ), a community group that campaigns for legislative changes to protect the youth from the harms of vaping, will present two petitions with over 12,000 signatures to the parliamentary health committee to persuade politicians to introduce tougher regulations around vaping, press reports. The VFK NZ spokesperson said that the new rules announced by the government in June leave loopholes open, such as convenience stores and supermarkets being able to sell vapes next to schools.
10th July 2023: Australia: Philip Morris International (PMI) is making arrangements with several Australian pharmacies for the supply of its Veev vaping products below cost, press reports. Nicotine-containing vaping products can currently only be sold at pharmacies and under prescription in the country. Pharmacists have been offered PMI products at a 80% margin if they sign a supply agreement directly with the tobacco company, and as long as they do not sell a packet of two Veev nicotine pods for more than $14.90 or devices for more than $19.90. University of Sydney emeritus professor of public health and tobacco control, Simon Chapman, has accused PMI of “playing a long game here to wreck the prescription access model by disrupting the competition”.
28th June 2023: New Zealand: The Health Research Council of New Zealand has announced NZD53.7m (USD32.7m) in government funding for research into pressing health issues, including a clinical trial of low-cost intervention to help people quit vaping. Natalie Walker, leader of a research team at the University of Auckland, said: “Policy changes in the Smokefree Aotearoa 2025 Action Plan will make medical nicotine replacement therapy and vapes (e-cigarettes) the only legal nicotine available for smokers to manage withdrawal symptoms.”
22nd June 2023: New Zealand: Following the opening of a consultation on a proposed regulation clarifying the maximum level of nicotine allowed in e-cigarettes, the Ministry of Health has published a statement explaining its reason for proposing a 28.5 mg/ml cap on nicotine concentration in products containing nicotine salts. They believe that’s the amount that provides a balance for smokers who wish to use vaping as a cessation tool. The consultation will close on 26th June.
12th June 2023: New Zealand: Following last week's announcement of new e-cigarette policies, the Ministry of Health is asking relevant stakeholders for feedback on the proposed regulation to clarify the maximum allowable amount of nicotine in e-cigarettes. The amendment regulation proposes a maximum 28.5 mg/ml nicotine concentration for reusable vaping products that use nicotine salts. If approved, the regulation is expected to be drafted by August 2023.
7th June 2023: New Zealand: The Health Ministry announced yesterday that the cabinet had approved policies to be included in new e-cigarette regulations expected in August. They include lowering the allowed nicotine level in disposables, requiring batteries in all products to be removable, extra child-safety mechanisms, and limiting flavour descriptions on packaging to “generic”, while specialist vape stores will not be allowed to open in the immediate vicinity of schools.

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