So in March it took the ministry to court, on the basis that the ministry’s interpretation of the regulations was incorrect and unlawful.
VAPO director Ben Pryor was concerned the misinterpretation would adversely impact the health of people who relied on 50mg/mL nicotine products to abstain from smoking.
In August, the ministry confirmed that VAPO’s interpretation of the regulations was correct, conceded the proceeding, and the Court made a declaration in favour of VAPO.
The government has since amended the regulations to lower the maximum nicotine strength to 28.5 mg/mL from 21 March 2024.
Whether the ministry is able to lawfully reduce the limit is currently before the Court.
The Ministry of Health has been approached for comment.