The Asthma and Respiratory Foundation says NZ has a "youth vaping epidemic". Photo / 123rf
The Asthma and Respiratory Foundation says NZ has a "youth vaping epidemic". Photo / 123rf
A “loophole” around the sale of vaping products has resulted in a proliferation of specialist outlets fuelling “the youth vaping epidemic in this country”, the Asthma and Respiratory Foundation says.
It comes as the Government announces new actions to reduce the number of young people vaping, including stopping new shopsfrom setting up near marae and schools.
The Government introduced Specialist Vape Retailers in 2020 under section 20P of the Smokefree Environments and Regulated Products Act 1990. They are a specific class of retailers that are exempt from some of the restrictions that apply to general retailers.
A Specialist Vape Retailer is a physical store where more than 70 per cent of stock is vaping products. It can sell a full range of vaping flavours. Business owners must first apply to the Vaping Regulatory Authority and the director general of health decides whether the application is approved.
General retailers such as dairies and convenience stores can only sell three basic vape flavours: tobacco, menthol and mint.
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It is illegal to sell vaping products to those under 18.
Asthma and Respiratory Foundation (ARF) chief executive Letitia Harding said the intention of introducing Specialist Vape Retailers was to “limit the availability to young people”.
However, a “loophole” existed that allowed retailers to set up as Specialist Vape Retailers by essentially having a “store within a store”.
Harding said this had resulted in a high number of specialist vape stores throughout the Bay of Plenty and the country.
“We have far too many SVRs in New Zealand and this has made vaping products too easily accessible, fuelling the youth vaping epidemic in this country.
“There are a number of factors fuelling the youth vaping epidemic and the very high number of vape retailers is one part of that.
“Other parts are the high levels of nicotine contained in many vapes and targeted marketing to young people.”
She said the number of vape retailers meant vapes were easily accessible and “extremely visible”, meaning vapes have become “normalised in our community”.
The foundation’s 2021 Youth Vaping Survey of 19,000 high-school-aged students found 50.4 per cent of vapes were obtained from dairies and 43.5 per cent obtained from family and friends.
There are more than 30 Specialist Vape Retailers across Tauranga and Rotorua, according to an online registry. Nationwide, there are more than 1200 registered specialist vape stores.
In comparison, McDonald’s has 167 outlets nationwide, Mitre 10 has 84 stores and Farmers Department Store has 59 stores.
The actual number of specialist outlets was likely to be the tip of the iceberg because general retailers of vapes were currently unaccounted for, she said.
Harding said, in her view, it was “far too easy” for specialist retailers to set up in New Zealand.
She said, in her opinion, the “store-within-store” set-ups meant it was “far less likely” staff would be informed on what vapes were appropriate for people wanting to quit smoking.
“In some dairies, one person will be covering both the dairy and the connected Specialist Vape Retailer”.
In response to the concerns raised by Harding, the Government confirmed that currently, there are no accurate records of the number of general retailers selling vapes in New Zealand or the number of vaping products manufactured, imported or circulating.
A Ministry of Health spokesperson said general retailers of vaping products in New Zealand were not required to notify or apply for approval to operate as a general retailer under the Smokefree Environments and Regulated Products Act 1990.
“Therefore, the ministry does not hold information on the number of general retailers who are selling vaping products in New Zealand.”
A new requirement under the Act would come into force from October 1, 2023 which would require all people who sold vaping products to notify the director general.
In response to the concerns raised about store-within-a-store setups, the ministry said new provisions came into effect from January 1, 2023.
The Vaping Regulatory Authority specifically considered if retail premises specified by the Specialist Vape Retailer in their application were “appropriate premises from which to operate”.
They said all applications were assessed on a case-by-case basis and the authority always reserved the right to approve or decline an application based on individual assessment.
General retailers of vapes had not been required to apply for approval to operate, as the vaping regulatory scheme was “set up to be risk-proportionate compared to the existing tobacco scheme”.
As of May 24 2023, the ministry was aware of 10,898 notifiable products.
However, it said, “This figure does not reflect the total number of products that are being sold in New Zealand.”
It said this was due to importers completing their own notifications, even if previously notified by another manufacturer or importer, as well as certain types of products requiring multiple notifications to the Vaping Regulatory Authority.
The ministry said, “The Government has acknowledged it shares concerns about increased vaping among youth” and “more restrictions are needed” to address this issue.
Vaping is growing in popularity among young people. Photo / 123RF
Health Minister Ayesha Verrall yesterday announced the Government was taking action to reduce the number of young people taking up vaping.
From August, all vaping devices sold in New Zealand would need to have removable or replaceable batteries, limiting the sale of “cheap disposable vapes,” a media statement said.
”Potentially enticing names like ‘cotton candy’ and ‘strawberry jelly donut’ which accompany far too many products will be prohibited. Only generic names which accurately describe the flavours can be used such as ‘berry’.
”We also want vapes as far from the minds and reach of children and young people as possible, so any locations within 300 metres of schools and marae will be off-limits for new shops.”
Vapes would also need child safety mechanisms.
Verrall said a balance was needed between preventing young people from starting to vape and having vapes available as a tool for people who wanted to stop smoking.
Prior to the announcement, NZME spoke to principals and vape retailers in the Bay of Plenty about the Specialist Vape Retailer system.
Otumoetai College principal Russell Gordon said he believed the location of vape stores in relation to schools was not the major concern.
“[Vapes] have such a young grip on our young people, it wouldn’t matter where the stores are,” he said.
“We need to understand as parents. First and foremost we are to parent our children and not be friends with them. Set the standards at home which prepares them for life in the real world.”
Russell said he understood the argument parents might have that providing their youth with vapes meant it was under “supervision”, but he strongly believed there was not enough information on the long-term effects of vaping.
An owner of a Tauranga dairy that is a general retailer of vapes said he would always ask people who appeared under the age of 18 for ID.
“If they had younger friends with them, I would sell it to someone with ID. It’s not my job to police who they give it to.”
The store owner, who did not want to be named, said he would consider setting up a store-within-a-store specialist vape store “if there wasn’t a high chance of us being ram raided”.
Kawaha Point Dairy and Vape Store were established earlier this year.
The dairy independently sells limited general retailer stock of three flavours. Separated by an internal wall, the vape store is classed as its own business with over 70 per cent vaping products.
Owner Avtar Singh Sran said the specialist vape store connected to the dairy was “going all right”.
He felt it was important the Government made the stores independent as now only those aged 18 and over could enter the dedicated area and see stock.
Sran said ”nothing has changed” for his dairy business since the vape store was established.
Kawaha Point Vape store is one of many ‘stores within a store’ in the Bay of Plenty region. The Rotorua Daily Post and Bay of Plenty Timescontacted three other stores with a similar layout but did not wish to comment.
Owner of Vegas Vapes, Montu Kumar, said he was required to fit out the store before applying to the Vaping Regulatory Authority to become an approved Specialist Vape Retailer.
“As a retailer, you’re taking a risk setting it up. You could be rejected, or the rules could change overnight while you are setting up.”
He said he was required to “send in photos and stuff, but it’s still a pretty, relatively easy process”.
Kumar also owns Four Square Western Heights Rotorua. He said vapes were not a large part of the store’s revenue. The supermarket was classified as a general retailer of vapes.
“It’s just three basic flavours and I don’t think it’s attractive enough or an issue. It’s not a huge part of our sales.”
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