The Government has made changes to the Smokefree Environments and Regulated Products 1990 Act to better protect children and young people by reducing their access to vaping products. These changes include restrictions on advertising and retail display, increased penalties for selling to minors and a ban on disposable vaping devices.
Some of these changes come into force immediately, and some in six months to allow retailers time to prepare.
The main changes being made:
- new specialist vape stores will need to be at least 100 metres from an Early Childcare Education Centres (ECEs)
- increasing penalties for breaking the law
- retail visibility - banning the display of vaping products and heated tobacco products
- banning disposable vapes.
The location changes and increased penalties will come into force immediately, however a ban on disposable vapes and retail visibility will come into force six months after the Bill becomes law on 17 June 2025. This will allow time for the industry to prepare for changes.
Coming into force on 17 December 2024
Increasing penalties for breaking the law
Fines for selling to minors and advertising have increased.
For example, the fine for selling vapes to a minor has increased from $10,000 to $100,000 for a body corporate, and from $5,000 to $10,000 in any other case.
The infringement fine for selling to a minor, which can be given without prosecution, will increase from $500 to $2,000 for a manufacturer, importer, distributor, or retailer and $1,000 in any other case.
The fine for publishing a prohibited advertisement for a vaping or heated tobacco product remains at $200,000 for a manufacturer, importer, or distributor, and at $70,000 for large retailers. However, this fine will increase from $15,000 to $50,000 in any other case, such as smaller retailers.
Location of specialist vape stores
From 17 December 2024 any new specialist vape retailer (SVR) stores will not be able to open within 100 metres of an Early Childcare Education Centre (ECE).
This restriction only applies to new specialist stores. It does not apply to general retailers or existing specialist stores.
The rule that an SVR must be more than 300 metres from a school or marae will not change. You can read about our existing location requirements.
You can check the location of a proposed store in relation to schools, marae and ECEs on our website map tool. This tool is indicative, and the Ministry of Health will do a location check as part of the application process.
Information requirements for general retailers and other Regulated Product Sellers
All general retailers (eg, supermarkets, dairies and petrol stations) of vaping, herbal and smokeless tobacco products must notify the Ministry of Health that they are selling regulated products, this is known as a Regulated Product Seller (RPS) notification. All RPS notifiers are now also required to supply their trading name and trading address of their stores in addition to their business name, and the company address.
Coming into force on 17 June 2025
Retail visibility - banning the display of vaping products
From 17 June 2025, vaping devices, products, or packaging can no longer be displayed in general retailers, and specialist vape retailers must not display these products in a way that makes them visible from outside their place of business. This includes advertising and display in online stores and display in automated vending machines.
Banning disposable vapes
The ban on the distribution, manufacture, sale, and supply of disposable vaping devices comes into effect on 17 June 2025.
Disposable vapes that are not designed, or intended to be reused will be banned. Specifically, this includes vaping devices that:
- cannot be refilled by the user by filling the device with a vaping substance; or
- cannot be refilled by the user by replacing a changeable pod, cartridge, or similar container; or
- cannot be recharged by the user
Pod-style vaping devices can still be sold. A pod style vaping device is where the device is refilled by swapping out a prefilled pod. These devices are not included in the ban.
Specialist vape retailer advertising
It is prohibited under the Act to encourage the use, promote the sale, or notify the availability of notifiable products or promote smoking or vaping behaviour. From 17 June 2025 this will also apply to specialist vape retailers when communicating with their existing customers.
From 17 June 2025:
- specialist vape retailers will no longer be able to communicate about vaping products to their existing customers
- internet retailers will no longer be able to display vaping products, including pictures of the products on their internet sites.
Things considered advertising that are not allowed include:
- posters or advertising that are visible from inside or outside the store.
It should be noted that information provided in a retailer's place of business relating to vaping being a less harmful alternative to smoking will still be allowed.
Discounts and giveaways
From 17 June 2025 the rules for discounts, promotions and giveaways are being updated. Previously, this activity has not been allowed for regulated products, except for vaping products from specialist vape stores. This new change extends this ban to include vaping products from specialist stores.
That means that from 17 June 2025 specialist vape retailers (and their online stores) in line with other products under the Act can no longer:
- give away free vaping products,
- discount vaping products at retail,
- offer rewards, cash rebates or gifts for the purchase of vaping products, or
- offer lotteries or games to people who buy vaping products.
