Parliament Debates Amendments to Tobacco and Vaping Regulations

In a recent parliamentary session held on [Date], lawmakers engaged in an intense debate over amendments to the Smokefree Environments and Regulated Products Regulations 2021. The discussion covered several key issues: advertising practices for tobacco and vaping products, child safety mechanisms on vape devices, importation policies, enforcement measures, and compliance of existing products.

Advertising Practices and Youth Influence

Dr Lawrence Xu-Nan from the Green Party raised concerns about clause 27 amendments, which focus on static advertisements for tobacco and vaping products at the top or bottom of websites. He questioned why these amendments did not address dynamic advertising on social media platforms like TikTok and Instagram, where young people are more influenced.

Associate Minister of Health Hon Casey Costello clarified that the bill's scope was limited to achieving consistency in language across various types of websites. She acknowledged the importance of addressing youth-targeted advertising but noted that such concerns were beyond this legislation's immediate focus.

Child Safety Mechanisms on Vape Devices

The debate also addressed the practicality of new provisions requiring child safety mechanisms on vape devices to be non-overridable by users. Camilla Belich from Labour questioned how these mechanisms would affect adult usability while ensuring they remain inaccessible to children.

Minister Costello explained that the amendment aimed to prevent existing safety features' deactivation or override, rather than introduce entirely new ones. She emphasized maintaining device functionality for adults while enhancing child safety measures.

Importation vs. Domestic Regulation

Ingrid Leary from Labour suggested that preventing the importation of non-compliant vape devices might be a more straightforward solution than enforcing complex regulations domestically. She questioned why this approach was not prioritized in policy discussions.

Minister Costello highlighted that due to the volume and nature of vaping products, the focus remained on regulating sales at the point of sale rather than restricting imports. This strategy aimed to manage compliance more effectively within domestic markets.

Enforcement Mechanisms and Compliance Concerns

Leary pointed out a lack of specific enforcement provisions in the legislation, emphasizing that effective enforcement is crucial for achieving the bill's objectives. She requested details on future enforcement strategies and resource allocation to ensure compliance.

Costello acknowledged the need for distinct legislative measures from enforcement strategies but did not provide specifics about forthcoming enforcement-related legislation or resources. She suggested that operationalizing the legislation would involve separate processes and plans.

Compliance of Existing Vaping Products

Dr Xu-Nan inquired whether current vaping devices met the new regulatory requirements for child safety mechanisms. He was concerned about the status of existing products and what would happen if they became non-compliant, particularly regarding refillable and reusable options.

Minister Costello stated that existing products would become non-compliant under the new legislation, necessitating market adjustments. She reiterated that changes primarily aimed at preventing mechanism overrides rather than altering device functionality for adults.

Conclusion

The debate concluded with a motion to close discussion on Part 2 of the amendments, moved by Dr Hamish Campbell from National—Ilam. The motion was supported by a majority, with 68 votes in favor (New Zealand National 49; ACT New Zealand 11; New Zealand First 8) and 49 against (New Zealand Labour 34; Green Party of Aotearoa New Zealand 15), leading to the approval of Part 2 of the bill. This session highlighted the complexities and challenges in regulating tobacco and vaping products, particularly concerning youth influence, safety measures, and enforcement strategies.

As lawmakers continue to navigate these issues, the effectiveness of these regulations will depend on their implementation and the government's ability to address concerns raised during the debate.