Vaping’s legal problem
In the latest episode of Stuff’s podcast series Superfad, hosts Katie Kenny and Laura Walters vaping, which remains largely unregulated in New Zealand.
When British public health experts first said vaping (using e-cigarettes) poses only a fraction of the health risk of tobacco smoking, the trend surged in popularity around the world, including in New Zealand.
But it remains illegal to sell or manufacture nicotine juices, or devices here. So how come there are shops openly touting vaping products containing nicotine?
THE LEGAL VACUUM Currently, it’s legal to import juices containing nicotine, but only enough for personal use. Nicotine juices and devices, however, still cannot be legally sold in New Zealand.
But anyone who vapes knows stores sell those products anyway, and aren’t likely to get prosecuted. Basically, the law just isn’t enforced.
Sam Nouri, a manger at The Vape Shop on Ghuznee Street in Wellington, says ‘‘we’re trying very hard to behave ourselves’’.
‘‘We only sell to people over 18, we check IDs, and we’re upfront and honest with questions.’’
The Vape Shop only sells imported juices that have been manufactured in ISO-grade laboratories (ISO is the international organisation for standardisation, based in Geneva).
That’s a point of difference for the store, Nouri says, because New Zealand doesn’t have rules around who can make the juices, and where. While there haven’t been any known issues relating to contamination or hygiene so far, the risk is there.
Last year, the former National government announced it would be legalising liquids and devices with nicotine, with ‘‘appropriate controls’’. It planned for new regulations to take effect in mid2018. But the new government has returned to the process of gathering information and research, before taking a proposed plan to Cabinet.
In the meantime, National MP Nicky Wagner has lodged a private member’s bill, which would allow e-cigarettes containing nicotine to be sold to people over 18.
Associate Health Minister Jenny Salesa, who’s in charge of smoking, nicotine, and tobacco policy, says she’s considering her options and has asked the Ministry of Health to advise her on the issue.
‘‘From the evidence I’ve seen, especially for adults, vaping seems to be a quit tool that works. However, one of the reasons why we’re still considering our options is it’s really inconclusive, especially for young people.’’
‘A STRONG CASE FOR HEAVY RESTRICTION’
The review of evidence on e-cigarettes commissioned by the government-backed Public Health England described vaping as ‘‘95 per cent less harmful [than smoking] and of negligible risk to bystanders’’.
However, the credibility of that figure is now being questioned by other health experts, who are concerned the devices are being marketed as harmless, when recent studies show they can cause as much harm as smoking.
In its inquiry into the use of e-cigarettes, the Thoracic Society of Australia and New Zealand said there’s a strong case for much heavier restrictions on the products.
It also quoted studies showing adverse effects of e-cigarettes on the lungs are immediate. One laboratory study of 30 healthy people who were also smokers, who used an e-cigarette for just five minutes, showed responses similar to those observed following tobacco cigarette exposure.
Dr Stuart Jones, a respiratory physician and the New Zealand branch president of the Thoracic Society of Australia and New Zealand, worries juices — the fluid used in vaporizers to create vapour — with flavours such as ‘‘Unicorn Milk’’ and ‘‘Strawberries and Cream’’ are designed to appeal to young users, and will possibly lead to a new generation of nicotine addicts.
‘‘I’d like to see the government move in terms of getting firm legislation out there that these things are illegal to sell to under18-year-olds.
‘‘For a non-smoker, these are going to cause more harm. They shouldn’t be sucked into thinking it’s better than cigarette smoking therefore let’s give it a go … these things will still cause more harm to a nonsmoker than not smoking at all.’’
‘‘We only sell to people over 18, we check IDs, and we’re upfront and honest with questions.’’
Sam Nouri - a manger at The Vape Shop on Ghuznee Street in Wellington
VAPING AS A SUBSTITUTE FOR SMOKING While Public Health England promotes e-cigarettes as a substitute for smoking, its stance is at odds with other health organisations.
Respiratory Foundation chief executive Letitia O’Dwyer says ‘‘as far as we’re aware, there’s no good evidence demonstrating that using e-cigarettes will reduce the incidence of smoking normal tobacco cigarettes’’.
Her number one concern, she says, is the mixed messages and lack of education coming out of the government and ministry about the role of e-cigarettes or vaping.
‘‘We should be moving a lot quicker than what we are. The longer we leave it with no regulations in place, the longer it becomes normalised.’’
Rob Graveur, owner of Grand Vape Co in Wellington, estimates 95 per cent of his customers are swapping smoking for vaping.
‘‘A lot of people are surprised how easy it makes it. You get the odd person who struggles still, but by and large it’s a good response.
‘‘For me personally, I still vape nicotine, I’ve been vaping for five years now. But others drop their levels [of nicotine] down and eventually get off it.’’
❚ Superfad is a seven-part podcast series, brought to you by Skoda. A new episode is released every Friday on iTunes and Stitcher. Join the Superfad group on Facebook and look out for behind-the-scenes extras in a weekly Facebook Live discussion every Monday.