Vape industry swipes at Health Ministry over enforcement: ‘Little experience’

The Ministry of Health has “little experience in policing the smokefree regulations, and some would say little interest,” according to chair of the Vaping Industry Association Jonathan Devery.

VIANZ has launched the stinging attack as the Ministry confirmed this week that it used powers granted in November 2020 for the first time to press charges against a Christchurch shopkeeper.

“Xiaoming He faces a total of 12 charges under the Smokefree Environments and Regulated Products Act 1990. Three charges relate to selling vapes to people under 18 years old and five are for selling vapes in flavours that Mr He was not permitted to sell,” according to a Ministry of Health spokesperson.

The Ministry said it has to consider the cost of a prosecution and the seriousness of the offending before laying charges and its officers have also been handing out infringement notices.

“Our approach is to focus on places where there is persistent and repeated non-compliance,” the Health Ministry spokesperson said.

It relies on public health teams around the country to police and enforce the rules.

“Smokefree enforcement officers were also redirected to support the pandemic response for much of 2021 which delayed the beginning of compliance work,” the Health Ministry spokesperson added.

Enforcement of online sales seems further behind.

The Health Ministry has admitted it has done no controlled purchases from online vape retail sites to test if children are able to use these, and in the past six months it has inspected less than a third of the 149 approved sites to check what they are advertising.

“We would support changes that would result in this being managed more effectively,” said Devery, who is also director of two vaping retailers, Alt NZ and VEC, which trades as VAPO.

VIANZ is lobbying to see the Ministry of Justice take over enforcement.

“Policing of the quite complex alcohol regulatory system is handled incredibly effectively by the MOJ, so they have knowledge and experience. Obviously, they work closely with police and public health but there is also a benefit in separating the policing of the industry from the smoking cessation policy work undertaken by MOH and Te Whatu Ora,” said Devery.

He said VIANZ contacted the Associate Health Minister Casey Costello to offer that advice but has yet to meet with the Minister.

Costello is taking papers to Cabinet soon to request approval for reform of vaping laws and tougher penalties for underage sales, in line with the NZ First coalition deal with National.