Home Politics Oceania NZ’s Generational Tobacco Ban May Be Illegal

NZ’s Generational Tobacco Ban May Be Illegal

Earlier this year, the Parliament’s Health Select Committee of New Zealand reviewed the public submissions to the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill. The Aotearoa Vapers Community Advocacy (AVCA) said that one aspect of the bill may not even be legal.

Diane Caruana

December 15, 2022

The Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill restricts the number of retailers able to sell tobacco products, bans the sale of the products to anyone born in 2009 or after, and aims to make tobacco products less appealing and addictive.

The generational tobacco ban could fuel an already existing blackmarket and also unintentionally make smoking more attractive to teens.

Last year the AVCA was amongst the local groups publicly calling for greater enforcement. “Retailers have had long enough to know right from wrong. I respect the Government’s initial focus is on educating retailers about the new law, but it’s now time to move onto enforcement.”

“AVCA agrees with the ‘smokefree generation’ in principle. However, we remain concerned that it could be an overreach. Let’s not forget that New Zealand’s current youth smoking rate is already well below Smokefree Aotearoa 2025’s overall goal of five percent or fewer regular smokers,” said AVCA co-founder Nancy Loucas.

Meanwhile she highlighted, the MPs on the select committee will need to look into whether the generational tobacco ban could fuel an already existing blackmarket and also unintentionally make smoking more attractive to teens, who are generally inclined to rebel.

Moreover added the group, the generational tobacco ban may even be illegal. “All adults have the right to make informed choices. The Government needs to be very sure before implementation that this will hold up legally. I have concerns about banning a consumer product when one cohort of the population reaches adulthood while other adult products, such as alcohol, remain open to them,” said Loucas.

Low Nicotine Cigarettes are also problematic

The AVCA added that the proposal to reduce nicotine levels in cigarettes by forcing Low Nicotine Cigarettes (VLNC) sales, could also pose a problem. There are not enough studies indicating that VLNCs help people quit smoking. On the contrary, data from countries where nicotine limits have been set has shown that these may be detrimental.

“It’s good news that the Government is getting tough on tobacco, but it needs to make sure the likes of the generational ban and VLNC hold up legally as the world is watching. New Zealand is a leader in championing vaping as an effective smoking cessation tool. Now it has a chance to show best practice on eradicating deadly smoking,” added Loucas.