Specialist vape retailer, Discount Mall Vape Ltd, has been fined $35,000 for selling vapes to minors and failing to take all practicable steps to prevent young people from entering their shops, following joint action by Health New Zealand and the Ministry of Health.
This is the first prosecution brought against a Specialist Vape Retailer for both selling vapes to under-18s and for failing to take all practicable steps to prevent a young person from entering its premises. It is also the seventh prosecution for selling regulated products to under-18s since 2023.
The Ministry of Health's Deputy Director-General, Regulatory Services, David Shanks says it sends a clear message to vape retailers that failure to meet their obligations to protect young people will have consequences.
"Businesses that continue put sales ahead of young people's health can expect serious repercussions."
The prosecution follows a series of controlled purchase operations by Health New Zealand at Discount Mall Vape's stores around the country.
Health New Zealand's Director - Protection, Becky Jenkins says the investigations showed repeated non-compliance across many of the retailer's branches.
"Our investigations showed this wasn't a one-off mistake. We recorded ten instances where a young person was able to enter the store, and on six of these occasions they were able to buy a vape," Ms. Jenkins says.
"That is an unacceptable breach of laws meant to protect the health of children and young people."
Today's sentencing comes amid a wider increase in enforcement activity focused on improving vaping compliance as well as increased penalties and restrictions to protect young people. Health agencies more than doubled the number of store visits and controlled purchase operations since 2023/24, resulting in over 600 infringement notices to businesses and individuals for breaches of smokefree laws including selling vaping and tobacco products to people under 18.
