AVCA CONSUMER BILL OF RIGHTS

CONSUMER BILL OF RIGHTS FOR VAPERS IN NEW ZEALAND

• Purpose:  This document outlines those guarantees that the vaping consumers of New Zealand want from New Zealand Government and New Zealand Vendors of electronic cigarettes/hardware, e liquids and accessories.

• Availability of E liquids containing Nicotine within New Zealand: We, the consumers believe that is our right that nicotine containing e liquid should be made available, legally, on the retail market as an 18+ consumer item and not be punitively regulated or taxed as a tobacco product as it is NOT a tobacco product.  

Vaping product safety and quality – E Liquids

• E Liquid Manufacturing:

• Consumers need guarantees that all manufacturers of e liquid in New Zealand conform to the following:
• All ingredients must be of USP/BP and Food Safe quality/certification with supporting documentation including Certificate(s) of Analysis, Certificate(s) of Conformity and/or Safety Data Sheets (SDS)/Material Safety Data Sheets (MSDS)..
• Proper batch control, to reduce the negative impact of product recall procedures, should these become  necessary.
• Product recall procedures to ensure that resellers all the way through the supply chain are informed  immediately if a product recall is instigated.

• Requirements for Packaging:

• Child-resistant and tamper-evident packaging
• Marking/statement that sale is for over 18s only
• Allergy warnings for nuts and PG (where appropriate)
• Shelf-life should be indicated, and the product should remain within specification throughout the stated shelf-life
• Bottles should be fitted with a delivery spout capable of accurately delivering refill liquid into the appropriate part of the atomising device without spillage
• Recommendations about giving advice and/or warnings to consumers.

• Full List of ingredients:  

• Diluent(s):  PG/VG and % of each
• Flavouring(s)
• Liquid Nicotine (if applicable with warning):
• Batch:
• Expiry: (12 months from DOM).
• Additional Labelling guidelines:

Vaping product safety and quality – Hardware

All  Equipment:

• All hardware that contains any electrical wiring or switches (as defined by electronic cigarette components that do not include e liquid)  shall be authentic and not knock offs or clones. Original OEM equipment sold in the original OEM packaging.  

• All electrical equipment sold in New Zealand needs to conform to Standards listed under Schedule 4 of the Electricity (Safety) Regulations 2010; AS/NZS 3820:2009 and/or be certified CE (EU Certified for sale)

Batteries and Battery Safety:

• Batteries to be sold in New Zealand are only to be authentic brand name batteries.  It is the vendor’s responsibility to ensure that all batteries sold under their auspices are authentic brand name batteries and not rewraps.

• Batteries will be sold that are appropriate to the device for which they will be utilised. Customers to be given an explanation of the importance of battery safety including but not limited to the appropriate transportation of batteries in cases or condoms for safety reasons; how to recognise and rectify a damaged battery wrap through rewrapping of battery and/or safe disposal of battery.

• In the occasion where a vendor rewraps a battery, the identity of the wrapped cell must be clearly printed on the wrap itself with all the identifying information that was contained on the original cell.

Mods – Regulated & Unregulated (Mechanical)

• Hardware manufacturing recommendations to ensure traceability for all components used in the manufacturing process, thus considerably reducing the negative impact of product recalls should these become necessary; also recommendations for cleaning of hardware prior to shipping/packaging to ensure that microbial contamination is minimised.

• Mod hardware, where electronic circuitry is employed will always be genuine. Vendors will endeavour to advise people to follow the manufacturer’s guidelines with regards to Safely charging regulated mods whether they contain an internal battery, a USB port for internal charging of a removable battery or a removable battery that needs to be charged in a separate charging station.

• Mechanical mods can pose a significant safety threat in the hands of an ill informed and ill equipped user.  Vendors will not supply these devices to new users without making them aware that these are advanced devices and users must have appropriate knowledge of both battery safety and Ohm’s Law.

Atomisers/RBA’s

Atomisers that come with premade coils or RBA’s which are rebuildable atomisers (with or without a separate tank part for holding e-liquid).  Whether they be authentic or clones, as well as any accessories, be they authentic or compatible (as some accessories are compatible across brands and models),  for said atomisers:  premade coils, tank glass/plastic components, air intake regulators, building decks, screws and peek insulators, wick material, wires and gaskets/grommets utilised by these systems.  It will be the sole responsibility and discretion of the vendor if they choose to sell cloned, 1:1 RBA systems with the proviso that the customer will be advised that the item is either authentic or cloned and that said item is covered for warranty the same as any other item sold.

Procedures for Hardware Failure/Product Defect:

In the event that a product sold by a vendor should be DOA or shown to have defect in manufacturing that is not easily remedied through a simple means (coil change for example), the vendor will offer the consumer an in kind swap of the equipment to replace the defective item.  All equipment sold by Vape Vendors in New Zealand is held to be guaranteed by the Consumer Guarantees Act unless otherwise noted at time of sale.

Procedures for Product Recall:

In the event that a particular vaping product is recalled, whether it be e liquid, hardware or batteries, the vendor will make every effort to contact the relevant parties, of said recall and make every effort to reclaim the recalled items as soon as possible and offer replacement in kind.