Q6 Do you agree that other controls in the SFEA for smoked tobacco products should apply to ecigarettes? For example: Control Yes No Reasons/ additional comments Requirement for graphic health warnings Packaging of e-cigarettes and nicotine liquids should be required to carry safety warnings (e.g. dangerous to ingest, keep away from children and pets), health information (text warnings that nicotine is addictive and that the long term health effects of EC use are not known); a list of ingredients, and Quitline information to maximise cessation and support. Prohibition on displaying products in sales outlets Limited to of sale only; and totally prohibited unless e-cigarette sales are restricted ONLY to pharmacies and licensed and over 18-restricted specialist shops. Any e-cigarette Point of Sales signage needs to be regulated as per the current SFEA that is “e-cigarettes and sold here.” Restriction on use of vending machines Vending machines that contain either or tobacco products should be prohibited, as these can be potentially accessed by minors. Requirement to provide annual returns on sales data Requirement to disclose product content and composition This is a minimal requirement, see other packaging requirements above. Regulations concerning ingredients (eg, nicotine content and/or flavours) Ingredients and flavourings: I recommend excluding additives/flavours (including those shown to be toxic or that make products appealing or palatable for children and young adults). This requirement should be extended to smoked tobacco products. Nicotine content: I recommend that the maximum concentration of nicotine and degree of accuracy of nicotine content labelling be aligned with internationally credible, best practice standards. No controls on nicotine content are applied to smoked tobacco products currently, and this requirement should be extended to smoked tobacco products. The Government to investigate this option in its response to the Māori Affairs Select Committee report. Regulation of ingredients: I recommend that e-liquid ingredients be regulated to enable long term studies to be carried out to assess their efficacy in supporting cessation, and monitoring of adverse effects. liquids liquid cigarette e-
Safe disposal of ecigarette devices and liquids We agree in relation to batteries standards only. Existing requirements and standards for batteries should apply, no requirement for specific devices. Ability of device to prevent accidents Covered by existing consumer protection legislation. Good manufacturing practice GMP is for pharmaceuticals, see above response consumer protection legislation. We believe appropriate proportional practices are relevant. Purity and grade of nicotine Agree. Nicotine should be pharmaceutical grade which Liberty Flights already adhere to. Registration of products Stifles innovation and consumer lead design/next generation. A testing regime to confirm product safety and contents purity Existing consumer protection legislation. Certification/documentation is sufficient. Maximum allowable volume of e-liquid in retail sales No evidence to suggest toxicological risk any more than household cleaners. Provided childproofing as above. cigarette
Q11 Would the Ministry of Health’s proposed amendments have any impact on your business? If so, please quantify/explain that impact. Q12 If you are using nicotine ecigarettes: how long have you been using them, how often do you use them, how much do you spend on them per week and where do you buy them? How long have you been using them? How often do you use them? How much do you spend on them per week? Where do you buy them?
Requirement for annual testing of product composition x This is likely to be onerous and of no health benefit. However, if there are some additives for which there is concern, uppoer limits could be set and licence fees for adding such ingredients be set high enough to cover compliance monitoring. Prohibition on free distribution and awards associated with sales Probably not necessary, unless evidence that these appeal to Prohibition on discounting I don’t have a clear view on this Prohibition on advertising and sponsorship x See above, limited, but not prohibited Requirement for standardised packaging x As above may have a negative impact on the impact of warnings on products which are really harmful Other Q7 Do you think it is important for legislation to impose some form of excise or excise-equivalent duty on nicotine e-liquid, as it does on tobacco products? Yes No x Reasons/additional comments: I think it is perfectly reasonable for there to be an excise, but strongly believe that it should be set at a far lower level (for equivalent use) than for smoking. If and when these products replace smoking pretty much completely and there is no mass consumer market for smoking tobacco, then governments might use it as a useful revenue raising exercise Q8 Do you think quality control of and safety standards for ecigarettes are needed? Yes x No Additional comments: Area of concern Yes No Reasons/additional comments Childproof containers x Possibly not needed on toxicological grounds, but as they are likely to be left around and not kept out of reach, this is produnt Safe disposal of ecigarette devices and liquids x No issue for the liquids at levels likely to be allowed. Device batteries should be dealt with under same requiremetns of other similar batteries. Ability of device to prevent accidents Not sure what is meant by this. If batteries made to good manufacturing standards and certified (eg CE) this should suffice. They should be treated like any other consumer electric device that is likely to be placed in close proximity to the body. Good manufacturing practice x Purity and grade of nicotine x
Q11 the Ministry of Health’s proposed amendments have any impact on your business? If so, please quantify/explain that impact. Q12 If you are using nicotine ecigarettes: how long have you been using them, how often do you use them, how much do you spend on them per week and where do you buy them? How long have you been them? How often do you use them? How much do you spend on them per week? Where do you buy them? 4 daily 10$ Specialist shops and online.
Childproof containers They are already, I can lock mine and you won't be able to use it. Safe disposal of ecigarette devices and liquids I don't know, no than batteries that we don't have a way to safely dispose of unlike other countries. Ability of device to prevent accidents I don't see that this is a problem. Good manufacturing practice Seems adequate as it is. Purity and grade of nicotine Yes Registration of products Yes A testing regime to confirm product safety and contents purity Already covered that. Maximum allowable volume of e-liquid in retail sales I don't see why that should matter. Maximum concentration of nicotine e-liquid Don't understand, if there's some maximum safe level, then that would make sense. Mixing of e-liquids at (or before) point of sale I don't think that happens now; not an issue now. Q9 Are there any other comments you would like to make?
Requirement for standardised packaging Vaping is not smoking and has no harms associated with it – what would be the purpose of using standardised packaging? (other than advantaging NRT manufacturers and retailers of course) Other Q7 Do you think it is important for legislation to impose some form of excise or excise-equivalent duty on nicotine e-liquid, as it does on tobacco products? Yes No Reasons/additional comments: E-cigarettes are pleasurable to use and have not been shown to cause any harm. It would be extremely worrying if a government were to attempt, through financial measures, to curtail the pleasure of it's citizens. Q8 Do you think quality control of and safety standards for ecigarettes are needed? Yes No Additional comments: Area of concern Yes No Reasons/additional comments Childproof containers A sensible and cheap measure. Safe disposal of ecigarette devices and liquids Batteries and electronics should be recyled where possible. The level of nicotine in the eliquid is not high enough to merit any special precautions. Ability of device to prevent accidents This has already been provided by the market e.g. polarity and low voltage regulation in the devices. Go od manufacturing practice Regulation should be proportionate to risk, GMP is overkill for a general consumer product, and would needlessly disadvantage small businesses. Purity and grade of nicotine Pharma grade nicotine. Registration of products This be disproportionately burdensome and would restirct the market. A testing regime to confirm product safety and contents purity Absence of hazardous chemicals – to appropriate levels of detection.
Regulations concerning ingredients (eg, nicotine content and/or flavours) The flavour and other ingredents need to be regulated to ensure they don’t cause harm when inhailed Requirement for annual testing of product composition Obviously Prohibition on free distribution and awards associated with sales Prohibition on discounting Prohibition on advertising and sponsorship Otherwise we end up with the same as alcohol now or tobacco in the past. Requirement for standardised packaging Other Q7 Do you think it is important for legislation to impose some form of excise or excise-equivalent duty on nicotine e-liquid, as it does on tobacco products? Yes No Reasons/additional comments: I think this will be seen simply as a money grab by the government. It will incourage importation and reduce the composition testing benefits (where I really see governmental oversight being of benefit). The 15% GST should be considered enough tax. Any testing and licencing costs of products should be covered by the importer and should reflect the cost of testing the liquid. Q8 Do you think quality control of and safety standards for ecigarettes are needed? Yes No Additional comments: Area of concern Yes No Reasons/additional comments Childproof containers This is already in place, I have yet to see a container that wasn’t child proof. Safe disposal of ecigarette devices and liquids Documentation provided with the product should detail the disposal. Ability of device to prevent accidents This question is too vague to answer. In what way? Good manufacturing practice To ensure that they don’t contain lead solder or other toxic metals. Purity and of nicotine This should be detailed in plain english, on the packet.
Q5 Do you it is important for the SFEA to prohibit vaping in designated smokefree areas in the same way as it prohibits smoking in such areas? Yes No Reasons/additional comments: The primary purpose of designated smokefree areas id to protect the non-smoker from the effcts of second hand smoking. There is currently not enough evidence on the potential second hand effects of vaping – such as, physical harmful effects; impact on minors (mirroring and glamorising behaviour). Q6 Do you that other controls in the SFEA for smoked tobacco products should apply to ecigarettes? For example: Control Yes No Reasons/ additional comments Requirement for graphic health warnings These are not known as yet. More research is required. Prohibition on displaying products in outlets Displaying should be appropriate to facilitate informed choice by potential consumers. There will need to be some control over the prominence of displaying and its impact on public health. Restriction on use of vending machines There would be no control on access through use of vending machines. Requirement to provide annual returns on sales data Important to understand data related to these products and to monitor the level of nicotine dependence in the population. Requirement to disclose product content and composition The consumer will need to know the content and composition to make an informed choice re dosage required. Regulations concerning ingredients (eg, nicotine content and/or flavours) As – facilitates informed choice. Nicotine content should be aligned with international credible standards on maximum concentrations. Requirement for annual testing of product composition Aligned with international guidelines for testing of product composition. Prohibition on free distribution and awards associated with sales Inappropriate incentives that could result in public harm. Prohibition on discounting Discounting can result in product competition resulting in increased sales and inappropriate use. Evidence for this can be extrapolated from research on discounting the price of alcohol. Prohibition on advertising and sponsorship As above.