New Zealand

The law restricts “vaping,” which by definition, includes inhaling HTPs, in the same places where smoking is prohibited, including most indoor workplaces and public places with the exception of 1) work vehicles to which the public does not have access, under specified conditions that all employees consent to “vaping” in the vehicle; 2) dedicated rooms in hospital care institutions, residential disability care institutions, and rest homes; and 3) hotel guest rooms.

The law generally prohibits “vaping,” which by definition includes inhaling HTPs, in public transportation, except for 1) a small passenger service vehicle “when it is returning from carrying passengers at the end of a shift” and in a large passenger service vehicle so long as the vehicle is not carrying passengers; and 2) a ship cabin or sleeping compartment on a train occupied by a passenger or employee because these areas are exempt from the definition of “workplace.”

Due to these limited exemptions, the regulatory status code “Some Restrictions” is given.

The law generally prohibits the direct and indirect advertisement and promotion of “regulated products,” which by definition includes “tobacco products.” The definition of “tobacco products” includes “smokeless tobacco products.” Tobacco inserts (and devices) are a form of “smokeless tobacco products.”

However, there are a number of exceptions to this prohibition, including:

- Advertisements in international radio, tv or film, books, newspapers, and magazines (collectively “international mediums”) originating or printed outside of New Zealand, unless 1) the main purpose of the international medium is to promote HTPs; 2) the form of international medium is intended for sale, distribution, or exhibition primarily in New Zealand; 3) the advertisement in an international radio or tv transmission is targeted mainly at an audience in New Zealand;

- Publication and dissemination of research about HTPs and their use; and

- Information provided by manufacturers and importers to retailers about the use of HTPs.

Also, the law does not prohibit the unpaid depiction of HTPs or HTPs in media that does not serve a legitimate purpose or reverse brand stretching.

Due to exceptions to the general prohibition against advertising, promotion and sponsorship, the regulatory status code “Some Restrictions” is given.

The law generally prohibits the direct and indirect advertisement and promotion of “regulated products,” which, by definition includes “tobacco products.” The definition of “tobacco products” includes “smokeless tobacco products.” Devices (and tobacco inserts) are a form of “smokeless tobacco products.”

However, there are a number of exceptions to this prohibition, including:

- Advertisements in international radio, tv or film, books, newspapers, and magazines (collectively “international mediums”) originating or printed outside of New Zealand, unless 1) the main purpose of the international medium is to promote HTPs; 2) the form of international medium is intended for sale, distribution, or exhibition primarily in New Zealand; 3) the advertisement in an international radio or tv transmission is targeted mainly at an audience in New Zealand;

- Publication and dissemination of research about HTPs and their use; and

- Information provided by manufacturers and importers to retailers about the use of HTPs.

Also, the law does not prohibit the unpaid depiction of HTPs or HTPs in media that does not serve a legitimate purpose or reverse brand stretching.

Due to exceptions to the general prohibition against advertising, promotion and sponsorship, the regulatory status code “Some Restrictions” is given.

The law generally prohibits most forms of sponsorship of “regulated products,” which, by definition, includes “tobacco products.” The definition of “tobacco products” includes “smokeless tobacco products.” Tobacco inserts (and devices) are a form of “smokeless tobacco products.” However, contributions are permitted so long as no brand or trademark is involved. Therefore, the regulatory status code “Some Restrictions” is given.

The law generally prohibits most forms of sponsorship of “regulated products,” which by definition includes “tobacco products.” The definition of “tobacco products” includes “smokeless tobacco products.” Devices (and tobacco inserts) are a form of “smokeless tobacco products.” However, contributions are permitted so long as no brand or trademark is involved. Therefore, the regulatory status code “Some Restrictions” is given.

The law bans point of sale product display of “regulated products,” which, by definition includes “tobacco products.” The definition of “tobacco products” includes “smokeless tobacco products.” Tobacco inserts are a form of “smokeless tobacco products.” Therefore, the law bans point of sale product display of tobacco inserts.

The law bans point of sale product display of “regulated products,” which, by definition includes “tobacco products.” The definition of “tobacco products” include “smokeless tobacco products.” Devices are “smokeless tobacco products.” Therefore, the law bans point of sale product display of devices.

The law permits the sale via internet of “regulated products,” which by definition includes “tobacco products.” The definition of “tobacco products” includes “smokeless tobacco products.” Tobacco inserts are a form of “smokeless tobacco products.” Therefore, the internet sale of tobacco inserts are permitted so long as the information provided to purchasers is “only in the form of printed or written words,” and “does no more than identify the regulated product and indicate its price.” In accordance with the regulatory requirements, the information must be limited to brand, variant, amount, quantity, or size and price and comply with the type of text and background allowed in the regulations. In addition, the page must display a health warning that says “SMOKING KILLS” in English and te reo Maori and also display “No sales to persons under the age of 18” in English.

Therefore, the regulatory status code “Some Restrictions” is given.

The law permits the sale via internet of “regulated products,” which by definition includes “tobacco products.” The definition of “tobacco products” includes “smokeless tobacco products.” Devices are “smokeless tobacco products.” Therefore, the internet sale of devices are permitted so long as the information provided to purchasers is “only in the form of printed or written words,” and “does no more than identify the regulated product and indicate its price.” In accordance with the regulatory requirements, the information must be limited to brand, variant, amount, quantity, or size, and price, and comply with the type of text and background allowed in the regulations. In addition, the page must display a health warning that says “SMOKING KILLS” in English and te reo Maori and also display “No sales to persons under the age of 18” in English.

Therefore, the regulatory status code “Some Restrictions” is given.

The law permits sale via vending machines of “regulated products,” which by definition includes “tobacco products.” The definition of “tobacco products” includes “smokeless tobacco products.” Tobacco inserts are a form of “smokeless tobacco products.” Therefore, the sale of tobacco inserts via vending machines is permitted subject to certain restrictions.

Vending machines may not be located in a place to which members of the public have access. If the vending machine is visible to members of the public, a health warning must be displayed on the machine as prescribed by regulations. Access to vending machines is restricted to staff on the premises where the vending machine is located. Members of the public (18 and older) may buy HTPs from a vending machine by asking an employee, who may use a remote controlled device. In addition, HTPs and their packages may not be visible from outside the vending machine. A notice may be displayed that does no more than identify the tobacco products available and indicate their price, using only written or printed words.

The law permits the sale via vending machines of “regulated products,” which by definition includes “tobacco products.” The definition of “tobacco products” includes “smokeless tobacco products.” Devices are a “smokeless tobacco products.” Therefore, the sale of devices via vending machines is permitted subject to certain restrictions. Vending machines may not be located in a place to which members of the public have access. If the vending machine is visible to members of the public, a health warning must be displayed on the machine as prescribed by regulations. Access to vending machines is restricted to staff on the premises where the vending machine is located. Members of the public (18 and older) may buy HTPs from a vending machine by asking an employee, who may use a remote controlled device. In addition, HTPs and their packages may not be visible from outside the vending machine. A notice may be displayed that does no more than identify the tobacco products available and indicate their price, using only written or printed words.

The law prohibits “notifiable products” with flavors other than tobacco, mint, or menthol. “Smokeless tobacco products” are “notifiable products” and HTPs are a form of “smokeless tobacco products.” Therefore, these restrictions apply to HTPs.

The law prohibits “notifiable products” from including any prohibited substance as determined by the Director-General of Health. “Notifiable products” include “smokeless tobacco products” and HTPs are a form of “smokeless tobacco products.” The regulations provide that if an additive other than a flavor is used in smokeless tobacco products a toxicological assessment must be conducted, and the Director-General may request the reason for the use of the additive in the product. However, the Director-General has not prohibited any substances for smokeless tobacco products; therefore, ingredients and additives of HTPs are not currently regulated.

The law requires that text-only health warnings must be placed on all packaging of “smokeless tobacco products,” which, by definition, includes tobacco inserts. The warning must state: “This product damages your health and is addictive” in English and te reo Maori and must be displayed in the “reserved area” (defined as at least 32% of the surface area) of the front and back surfaces.

The law requires that text-only health warnings must be placed on all packaging of “smokeless tobacco products,” which, by definition, includes devices. The warning must state: “This product damages your health and is addictive” in English and te reo Maori and must be displayed in the “reserved area” (defined as at least 32% of the surface area) of the front and back surfaces.

The law prohibits the following information on the packaging of “smokeless tobacco products,” which, by definition, includes tobacco inserts:

- Information about the nicotine, tar, or carbon monoxide content of the product;

- Reference to additives or the absence of additives;

- Resembles a food or cosmetic product;

- Depicts a cartoon or toy; or

- Suggests that a tobacco insert is less harmful than other regulated products; has emissions with fewer harmful constituents than tobacco smoke; has vitalizing, energizing, healing, rejuvenating, natural, or organic properties; or has other health or lifestyle benefits.

The law prohibits the following information on the packaging of “smokeless tobacco products,” which, by definition, includes devices:

- Information about the nicotine, tar, or carbon monoxide content of the product;

- Reference to additives or the absence of additives;

- Resembles a food or cosmetic product;

-Depicts a cartoon or toy; or

- Suggests that a device (and tobacco insert) is less harmful than other regulated products; has emissions with fewer harmful constituents than tobacco smoke; has vitalizing, energizing, healing, rejuvenating, natural, or organic properties; or has other health or lifestyle benefits.

The law requires manufacturers and importers of “notifiable products” (which, by definition, includes HTPs) to notify the Director-General of Health on an annual basis by completing a database entry with the notifier’s contact details; a description of the product and its parts; and a declaration by the notifier that the product complies with all regulatory requirements. A new notification is required if the product undergoes a “significant change” which includes changes to the composition or strength of the product’s tobacco component.

Additionally, a notifier must report any adverse reaction to the notifiable product to the Ministry of Health as soon as practicable after the notifier becomes aware of the event.

Annual reports of sales-related information are also required from manufacturers and importers of “regulated products” (which, by definition, includes HTPs) and must be made publicly available.

The law requires that a pack of tobacco inserts contain only 20 or 25 tobacco sticks (inserts).