Health Ministry admits ‘limited evidence’ used to create now scrapped vaping regulations

The Government is changing vaping regulations. Photo / 123rf

The Ministry of Health is admitting “limited evidence” was used to support the introduction of vaping regulations that have been scrapped amid a legal battle with a popular vape shop chain.

Last year, the Government was taken to court by Mason Corporation, the company behind the Shosha franchise, over regulations it introduced in 2023 requiring all vaping devices to have removable batteries amid safety concerns, including “battery explosion risks”.

The regulations effectively banned disposable vapes, which the current Government put into legislation last year.

Associate Health Minister Casey Costello today confirmed Cabinet had been advised by Crown Law that dropping the 2023 regulations was the “best way to resolve the case”.

Shosha is a popular vape store chain in New Zealand. Photo / Supplied

In a statement to the Herald, a Ministry of Health spokesperson acknowledged the regulations were introduced to address “potential product safety concerns”.

“At the time, this was based on limited evidence as well as the intentions of other jurisdictions to introduce similar measures.

“Concerns included battery explosion risks and the inability to inspect batteries that may deteriorate. Removable batteries were considered a solution to these risks.”

The spokesperson said this regulation became “significantly less relevant” when the Government’s legislative ban came into force.

Today’s development means vapes powered by a non-removable battery are able to enter New Zealand’s market again.

The spokesperson warned “devices removed from the market due to non-compliance” could return and said the ministry would continue to monitor developments.

Costello said the changes would be gazetted today and take effect from September 1.

She said she didn’t expect the change would “negatively impact our falling smoking or vaping rates”.

Shosha spokesperson Nabhik Gupta welcomed the Government’s decision, saying its “error” had “greatly reduced the availability of vaping products for customers”.

Adam Pearse is the Deputy Political Editor and part of the NZ Herald’s Press Gallery team based at Parliament in Wellington. He has worked for NZME since 2018, reporting for the Northern Advocate in Whangārei and the Herald in Auckland.