AVCA response to NSFWG recommendations

Below is our official response to the specific recommendations on ENDS from the NSFWG background document:

1. Supply and availability of e-cigarettes

Two preferred options are proposed drawing on consultations with members of the NZ smokefree practitioner community from the National Smokefree Working Group.

Preferred option 1 – Maintain status quo. Sale of nicotine-containing ECs or e-liquids within NZ prohibited, but legal to import for personal use (up to 3 months supply). However, it should be noted that the real status quo is that nicotine-containing EC or e-liquids have been widely available for some time in New Zealand (due to importation by users and illegal sales by retailers).

Preferred option 2 – Allow restricted sale of nicotine-containing e-cigarettes or e-liquids. Continue to allow the importation of nicotine-containing EC or e-liquids for personal use (up to 3 months supply) but also allow sales of nicotine-containing ECs or e-liquids e.g. through pharmacies and/or limited numbers of licensed specialist ‘vape’ shops (with stipulations about proximity to schools, exclusion of minors from shop, and training/competence for staff in EC technical and ABC cessation support); minimum age of purchase to be same as for smoked tobacco products.

Obviously, option 2 makes more sense in order to legally make nicotine e liquid available.   Our only contention with this option is the restriction on where to buy nicotine containing e-liquid – “i.e. pharmacies and/or limited numbers of licensed specialist ‘vape shops…”  

In our view, the sale of nicotine containing e-liquids (because, lets be honest, the equipment and the liquid are two completely different items and should not be lumped together as one item ala TPD or FDA deeming) should be made available retail to registered vape businesses who are  legitimate operations.   It is better that someone have knowledge/expertise available when choosing vape equipment and liquid than going to the corner market and getting whatever from wherever and no good support or advice.  The vape vendors also have the technical expertise, knowledge and experience with the various types of ENDS equipment, as well as the chemistry behind e-liquid, nicotine levels and types of use (MTL or DL) and are best placed to educate the community, including consumers and smoking cessation nurses.

2. Smoking cessation advice and support for e-cigarettes as quitting aids

Preferred option. There is a strong consensus that smokers quitting using ECs should have access to advice and support. Cessation service providers receive resources and training in use of EC to support quitting, based, for example, on recent PHE advice. Healthcare providers should not recommend or support specific EC products unless these were licensed for cessation through MedSafe.

This is already happening in the community through various organisations, including existing vendors as well through the AVCAVIF mentoring program where we also receive referrals from local GPS and health professionals who are unable to advise without breaking any MoH rules and guidelines.  The resources exist within the community through the current vendors and within the community.  Had the contributors to this document actually reached out to the community across New Zealand, perhaps they would have had a better background on what actually goes on in the vaping community around the country with the various legitimate vendors nationwide.

3. Marketing, packaging and consumer information

Preferred option marketing and public information. Commercial marketing of nicotine containing ECs and e-liquids products sold within NZ (if permitted) to be limited to point of sale displays regulated to avoid exposure to children and young people. Information (e.g. leaflets) giving advice to EC users trying to quit should be provided by cessation services and at point of sale. Consider mass media or targeted information campaigns to inform about availability of ECs and potential benefits and harms.

Preferred option packaging. Packaging requirements for ECs and e-liquids sold within NZ (if permitted) to include minimum standards of child safety, safety warnings (e.g. dangerous to ingest, keep away from children and pets), health warnings and Quitline information, and list of constituents. No packaging or product names would be permitted that are appealing to children and young people.

NO issue whatsoever with either of the above.

4. Product design/ standards/flavours

Preferred option – Apply existing consumer protection legislation and explore introducing minimum quality and safety standards and excluding additives/flavours (e.g. those shown to be toxic or that make products appealing or palatable for children and young adults) to nicotine containing ECs and e-liquids products sold within NZ (if permitted). To be identified from review of international standards and best practice.

We have already compiled the AVCA Standards and Consumer Bill of Rights which are available on our website and will also be part of our official submission to MoH.   We have also given this information to a member of the health committee already as a reference document for discussions.  The chemical composition of higher risk ingredients is already well known globally within the vaping community and the issues with those same ingredients have mostly been Alleviated through the reformulation of the commercial flavourings used to manufacture e liquid per the advice of Dr. Konstantinos Farsolinos.

As well, the “hype” surrounding specific flavourings is mostly exaggerated when taken in context to the amount of chemicals that are found in combustible tobacco.  The “high risk” chemicals that are usually mentioned are in much lower concentrations in e-liquids with the original flavouring compounds (before reformulation) than are found in combustible tobacco products.

5. Use of e-cigarettes in indoor and outdoor workplaces and public places

Preferred option – Use of ECs to be banned in all indoor workplaces and public places (consistent with the 1990 SFE Act), all schools, in cars, and in selected outdoor locations (areas where children predominate e.g. playgrounds, parks) but allowed in other smokefree areas at local discretion and where public consultation suggests this is acceptable. Clear signage should indicate where vaping is permitted, and these areas should be separate to “smoking permitted” areas.

We don’t believe that ENDS should be included in any SFEA legislation as it implies that ENDS are equivalent to combustible tobacco, of which they are not.  As well, the SFEA legislation was created to prevent harm from exposure to second hand combustible tobacco smoke – harms which are not present when exposed to second hand vapour, hence the SFEA does not apply for the intent of its original implementation.

6. Tax and excise for cigarettes

Preferred option – Maintain status quo i.e. no additional tax or excise applied to nicotine-containing ECs and e-liquids. To be reviewed if there is evidence of substantial uptake of nicotine-containing ECs by children and young people.

We agree with this.

7. Monitoring and research

Preferred option – Ministry of Health develops a framework for monitoring and evaluating emerging evidence on ECs, including their technological evolution and use (internationally and in NZ), and for evaluating the impact of ECs, especially on smoking prevalence in all population groups and progress towards the Smokefree 2025 goal. Use consistent, international best practice methods for measuring and monitoring EC use.

The MoH needs to expand its consultative process to include the vaping community as well as “experts” and commercially vested interests.  There is much knowledge, experience and expertise out there that can be utilised in the creation of a transparent, objective framework of regulation/legislation and “best practice” that is currently not being utilised.