Specialist vape stores were "pushing, if not breaking" rules which were designed to reduce youth vaping, new research shows. Photo / 123RF
Specialist vape stores were "pushing, if not breaking" rules which were designed to reduce youth vaping, new research shows. Photo / 123RF
Stricter rules for the sale of vapes came into force in December. A compliance check found many stores were still flouting the law.
Banned vaping devices are still being openly sold despite a crackdown, say researchers who investigated retailers using a “mystery shopper”.
Many of the stores also failed to verify age and were selling vapes at heavily discounted prices, with some admitting they were going cheap because they were illegal.
The findings showed that regulation changes that were designed to make vaping less affordable and less attractive to young people had been largely ineffective, researchers said.
“We were surprised by some of the blatant breaches of the rules,” said Dr Jude Ball, a public health researcher at the University of Otago who specialises in adolescent health and substance use.
“Retailers were saying ‘these ones over here are half-price because they’re not legal anymore’ and other instances where they clearly knew they were breaking the law.”
As of December, disposable vapes could no longer be sold unless they included maximum nicotine limits, removable batteries, child safety features and new labelling requirements.
The researchers sent a 20-year-old medical student into 74 specialist vape stores in the broader Wellington region to monitor compliance with these regulation changes and age restrictions.
The results, which were published in the New Zealand Medical Journal today, showed specialist stores were “pushing (if not breaking) the boundaries” set by the new regulations.
Just half of the stores asked for identification and a third went ahead with a sale even when the mystery shopper did not present ID.
“We have heard from young people that vapes are really easy to get,” Ball said. “It is not all vape stores, but young people learn and share which vape stores don’t ask for ID and which particular workers don’t ask for ID.”
Several stores were selling non-compliant disposable vapes for as low as $2.50.
Single-use products were targeted by the latest regulations in an attempt to make vaping less affordable and accessible to young people.
Ball said their research showed that reusable vapes were also coming down in price, with some products selling for as little as $10.
“The industry are responding really quickly to make sure that regardless of what the regulations are, there will be cheap products available.”
She wanted the Government to remove an exemption that allowed specialist stores to discount their products and use loyalty schemes - measures that are not allowed for other addictive substances like tobacco.
Further changes were introduced for vaping products in New Zealand in March, including limiting devices to generic flavours and a ban on the use of images of toys or cartoons. Other measures including child safety requirements have been deferred until October.
Vape Free Kids NZ chairperson Marnie Wilton son made a placard for the Vape-Free Kids Smokefree rally at parliament.
ASH Chairman Rob Beaglehole spoke to Mike Hosking on Newstalk ZB about vaping this morning, following the release of a University of Otago study that shows retailers are failing to ask for ID when selling vapes.
“This is not a new problem, we’ve known about it for a long time.
“In fact, there’s only been one prosecution of illegal sales ever, so this is a serious problem.
Beaglehole noted that only one in five young vapers actually buy vapes for themselves from shops.
“We need better compliance, we need better enforcement, but it won’t stop underage vaping.”
Beaglehole said part of the solution was understanding there is a financial motive behind producing and selling vapes.
“One thing about the rules, they need to be clear, there’s a lot of ambiguity about the rules, the rules have not been developed in association with the manufacturers or the sellers.
“The regulatory authority needs to get onside that people are actually selling these vapes and making them.”
There also needs to be a different approach to young people who vape, Beaglehole said.
“We have to stop punishing young people who vape illegally, we tend in the past to expel them from school, we put cameras in their toilets, just unbelievably inappropriate ways of dealing with it.
“We need to get alongside the kids we need proper educational health promotion campaigns in schools, they do exist ... this needs to be standard, just as we would deal with alcohol.”
Beaglehole said vaping was not equal to the smoking epidemic, it is a serious problem but not at an epidemic level.
“We’re not losing a generation of young people to vaping, but put that aside, the 5000 people who die every year from smoking, we’ve got to get the balance right.
“We have to help adults who smoke to stop, and they need vaping.”
Associate Health Minister Casey Costello announced further rule changes for vape sales in March, including a complete ban on disposable devices. Photo / Mark Mitchell
The National-led Government has promised another round of changes, including a complete ban on disposable vapes and stricter rules on storefront displays and staffing within vape retailers.
Ball said a comprehensive approach to vaping was needed, including clear regulations, better enforcement, education, outlawing discounting, and consideration of plain packaging.
“The idea of vaping was sold to policymakers and society as a smoking cessation tool but the reality is that vapes have been very clearly marketed to young people as a recreational lifestyle product.”
A Ministry of Health spokesperson said the non-compliance was disappointing and that the research showed few stores appeared to be taking appropriate steps to prevent young people from entering their stores - as required by law.
The ministry was putting greater resources into compliance and monitoring and was working with Te Whatu Ora to ensure the industry was following the law, the spokesperson said.
“This includes focusing our compliance activity in our most vulnerable communities and ensuring that the protections for young people are effectively implemented and enforced.”
Data provided to the Herald showed 100 retailers were issued infringement notices nationwide between July and April for selling to minors.
Isaac Davison is an Auckland-based reporter who covers health issues. He joined the Herald in 2008 and has previously covered the environment, politics, and social issues.
