14 August 2024

Concerns Raised Over Smokefree Environments and Regulated Products Amendment Bill 2024

The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA) has expressed significant concerns regarding the recently proposed Smokefree Environments and Regulated Products Amendment Bill 2024. The bill, aimed at addressing youth vaping, introduces stringent measures that CAPHRA believes will inadvertently harm adult vapers and smokers seeking to quit smoking. The government’s duty of care is to everyone living in Aotearoa, regardless of age.

Impact on Adult Vapers and People who smoke

Nancy Loucas, Executive Coordinator and spokesperson for CAPHRA, highlights that the proposed ban on prefilled tanks, pods, and cartridges will create substantial barriers for adults who smoke and older vapers.

"Many individuals rely on simpler, closed system products due to difficulties with dexterity and the complexities of refillable devices," Loucas explains. "This ban could force them back to smoking cigarettes, which is counterproductive to the Smokefree 2025 goal."

Clarifying Definitions and Addressing Youth Access

CAPHRA emphasises the importance of getting definitions right, particularly distinguishing between disposable vapes and closed system vapes. Disposable vapes are single-use devices, while closed systems can be reused with replaceable components. Loucas also addresses the overstated concerns about youth vaping, noting that youth vaping peaked in 2019 and has been declining since 2022 and that the age of consent for adult products is 18 here in Aotearoa.

Effective Regulation Over Bans

CAPHRA advocates for effective regulation rather than outright bans. "Bans and prohibitions are not only the 'easy way out' but have proven to be major public health failures," Loucas states. She cites examples from San Francisco and Australia, where bans led to increased youth vaping and smoking rates and the rise of black markets and crime.

Environmental Considerations and Public Health Education

The environmental impact of vape waste is a valid concern, but CAPHRA notes that recycling initiatives are already being implemented in some localities. The organisation calls for the reactivation of the Technical Expert Advisory Committee to create a Public Health Education Programme, ensuring that the government and the public are informed about vaping based on facts and evidence.

CAPHRA urges the New Zealand government to consider pragmatic regulation that addresses and enforces legislation while educating the public. "Governments should, in developing and implementing pragmatic regulations, eliminate the need for further restrictions on adults' ability to make choices that help them switch from harmful products," Loucas concludes.

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