Vape rule requiring removeable batteries being lifted
Photo:
RNZ / Samuel Rillstone
The coalition is revoking the requirement for all vaping devices - including heated tobacco products - to have removable batteries.
In a statement published on Thursday, Associate Health Minister Casey Costello said the decision - to take effect from 1 September - would resolve a current court challenge by Mason Corporation, which owns the vape shop Shosha.
"Cabinet was advised that taking this step was the best way to resolve the case," Costello said.
"This decision means the proceedings, which relate to regulations brought in by the Labour government, can be withdrawn."
Costello said the move was not expected to increase smoking or vaping rates. The announcement does not affect the coalition's move to ban disposable or single-use vaping devices. That ban kicked in from 17 June.
The former Labour government announced the requirement for removable batteries in June 2023 as part of a suite of changes to vaping rules.
At the time, then-Health Minister Ayesha Verrall said the move would make the devices safer.
The coalition later delayed the regulations from coming into effect until October 2024 "to ensure sufficient availability of appropriate reusable vaping products to continue to support people to quit smoking".
Photo:
123RF
RNZ last year revealed that Philip Morris had pulled its IQOS [https://www.rnz.co.nz/news/in-depth/529583/casey-costello-s-tobacco-tax-cut-plan-stalled-as-device-pulled-from-shelves
heated tobacco product (HTPs) from the shelves] due to the regulations around removable batteries.
That proved to be a major roadblock to the government's controversial trial of
halving excise tax on HTPs
to encourage their use as a smoking cessation tool.
Philip Morris has since released a new compliant IQOS product with a removeable battery.
Documents showed Costello had tried to delay the battery regulations for two years, but Cabinet agreed only to a six-month delay from the original date of 21 March.
The minister's support for HTPs as a less harmful alternative to smoking provoked outrage
from the opposition parties
and health experts who labelled it a "dangerous and radical experiment".
Treasury identified a long list of concerns about the proposal at the time, but Costello said she
relied on "independent advice" to the contrary
.
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