Govt criticised over confusing process to change vape rules

Health officials are proposing to change vape rules to set a maximum limit of 28mg/mL on the amount of actual nicotine a vape can contain, but the way Manatū Hauora, the Ministry of Health is going about it has triggered a fightback campaign from vape sellers and raised alarm among some health advocates.

Last week, Manatū Hauoura launched a low-key, two-week submission process with a link to a survey. After questions from Fair Go, it has updated its reasons today.

The Asthma & Respiratory Foundation says many stakeholders had no idea this was underway and that the proposal would create three different levels of nicotine for vapes, sowing yet more confusion.

"People need to understand what product strength they are using, and manufacturers need to understand how to meet the regulations. We are concerned that the Ministry’s proposal will not lead to greater clarity," say Foundation chief executive Letitia Harding and Auckland University Associate Professor of Bioengineering Dr Kelly Burrowes, in a letter to Health Minister Ayesha Verrall released to Fair Go.

They propose a simple limit of 20 mg/ml of actual nicotine for all vapes, which is also the limit in the EU, UK and Canada.

Vape strength rules here currently refer to how much nicotine salt can be used. Salts are a compound that blends nicotine with an acid to make a more palatable hit of nicotine.

"The proposed nicotine concentration level of 28.5mg/mL is intended to give a nicotine hit that is closer to a cigarette, rather than equivalent," says a Manatū Hauora response published with no named author.

For disposable vapes, the proposed limit would be 35mg/mL of nicotine salt, which is effectively close to 20mg/ml of actual nicotine, but still stated in the way that has created confusion so far.

The only hard limit of 20mg/mL here applies to vapes using freebase nicotine - not blended in a salt.

One of the biggest local vaping companies is also against the change, for other reasons.

"They want to nix the nicotine" is the message vape company Alt NZ has been pushing out to contacts since last week.

"We thought you'd want to know your favourite vaping products could soon become illegal," Alt's alert reads.

But is that accurate?

We asked Alt to clarify, because Fair Go has previously reported that Alt's 4% pods contain more nicotine salts than the law allows, and that the Ministry of Health refuses to confirm these are legal for sale in New Zealand. That would mean the pods won't soon become illegal, rather they may have been so all along.

Fair Go found those on sale at supermarkets and petrol stations earlier this year, months after other vaping companies had voluntarily withdrawn similar strength products.

Alt has not replied to the latest query; in the past it has said that it understands the 50mg/mL limit applies to the amount of nicotine, not to the amount of nicotine salts, and it's products comply with the law.

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Manatū Hauora's statement acknowledges the part of law that covers nicotine strength "is not as clear as it could be" and its proposed change would make it clearer.

A spokesperson told Fair Go the Ministry would not be commenting on the outcome of the consultation until it has considered submissions, which are open until 5pm on Monday 26 June.