Recent compliance checks on vape retailers across Auckland found that while the majority were compliant, just under 10 per cent failed to adhere to new laws restricting the promotion of vapes. A similar proportion also failed checks on underage sales.
Between June 17 and July 16, Health New Zealand Smokefree Enforcement Officers visited 106 premises across Auckland to check if they met recently updated laws around the promotion of vaping products in their stores.
Nine stores (8 per cent of those visited) were found to be in breach of the law. One additional breach was also identified for the sale of a disposable vape.
Since June 17, it has been illegal for general retailers to display vaping products and for specialist vape retailers to display these products in a way that makes them visible from outside of the store. The updated restrictions also ban retailers from selling or supplying disposable vapes.
Trained volunteers aged under 18 years also visited 157 vape retailers as part of a Controlled Purchase Operation. This is a compliance measure that ensures tobacco and vape retailers are actively checking their customers are 18 years of age or over. The operation resulted in 16 sales (10 per cent of stores visited).
Health New Zealand Medical Officer of Health, Dr June Leung, says the breaches are disappointing.
"Retailers had plenty of warning in advance of the changes and it's concerning to see that some have failed to prepare for them.
"Restrictions on the promotion of vapes were introduced to protect children and young people from exposure to these addictive products," Dr Leung says.
"For the retailers that breached the regulations, this should come as a reminder that it is illegal to sell vaping products to people under 18 years of age. Vape retailers must be more vigilant when it comes to checking ID and have proper systems in place to prevent sales to minors."
Approximately 21 per cent of 15 to 24-year-olds in New Zealand report vaping on a daily basis and the majority of these do not smoke tobacco products.
The retailers who failed the checks have been referred to the Ministry of Health, which is responsible for issuing infringement notices under the Smokefree Environments and Regulated Products Act.
Ministry of Health Acting Group Manager for Public Health Policy & Regulation, Gill Hall, says it's encouraging to see the results of the recent law changes targeting youth vaping taking effect.
"While it's good to see the majority of retailers complying with these requirements, we expect all retailers to take their responsibilities seriously. Restrictions like banning disposable vapes and keeping products out of sight are vital to ensuring young people aren't being exposed to vaping products.
"Importantly, the Ministry of Health, as well as Smokefree Enforcement Officers, now have greater powers to take action against any retailers caught in breach of the law. This includes infringement fees of $2,000. We look forward to seeing officers continuing to work with retailers over the coming months to ensure they are all aware of, and are abiding by, the updated restrictions," Ms Hall says.
Members of the public concerned about illegal promotion and sales of vape and tobacco products can report them anonymously at info.health.nz/tellus.
"Reporting illegal or suspicious activity in your neighbourhood aids our Smokefree Enforcement Officers in preventing underage sales and illegal promotion of vapes. We urge people to let us know and help us protect our young people," Dr Leung says.
