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A group of anti-vape lobbyists have performed a nationwide sting, which they say has uncovered stores selling banned products despite new regulations.

Updated vaping regulations took effect on October 1, requiring all vaping and heated tobacco devices to have removable batteries and a child safety mechanism.

Vape-Free Kids NZ founder Marnie Wilton said the “undercover investigation” found stores in Auckland, Wellington and Christchurch continuing to sell non-compliant heated tobacco devices days after the new regulations came into force.

“In Central Wellington alone, 10 out of 11 stores that previously sold Iqos [a heated tobacco device] are continuing to sell the devices,” Wilton claimed.

Wilton said they caught 20 stores in less than a day and a half attempting to sell Iqos across the country.

The group took undercover footage which showed the products openly displayed for sale.

Wilton said many retailers claimed to be unaware that the devices can’t legally be sold.

“Three of us mums went and tried to purchase the product... this was just us testing out whether the retailers, who are supposed to be doing the right thing, actually were doing the right thing. And sadly, many of them weren’t,” Wilton said.

Wilton said seven of the eight stores she visited either sold her the product or said they were sold out but had more orders on the way.

When she asked if the products were legal, Wilton said the retailers promised they were.

“I don’t know whether it’s deliberate or confusion on their part, but we need to actually crack down on this.

“We have to make sure that we point the finger at the top. And that’s Minister Costello,” Wilton said.

Vape-Free Kids NZ chairperson Marnie Wilton (right) and her two sons, Charyl Robinson (left) at the Vape-Free Kids Smokefree rally at Parliament last week.

Retailers which continue to sell non-compliant devices could be fined up to $50,000, or up to $400,000 for a large company, according to Health NZ.

The change is part of a crackdown on youth vaping begun by the previous Government, and re-confirmed by the Government in March this year.

Previously the requirement applied only for disposable vaping from October 21 2023. Now all vaping devices, including reusable ones, must contain a removable battery and a child safety mechanism.

“Illegal products are openly being sold a few streets down from the Beehive with no repercussions,” Vape-Free Kids co-founder Charyl Robinson said.

Robinson said the vast majority of stores visited by the group believed they could legally continue to sell these products.

“Some are expecting additional deliveries of Iqos products and others stating they had received no information to stop selling or return Iqos devices back to the supplier.

“New legislation the Government is proposing doesn’t go far enough given the two dozen smoke-free enforcement officers face the mighty task of policing 8000 vape stores,” Robinson said.

In a joint statement from the Ministry of Health and Health NZ, they confirmed they were aware of “some now non-compliant vape products” that had been found on the shelves at some retailers.

The statement, from the Ministry’s group manager of public health, police and regulation Jane Chambers and Health NZ’s director of protection, national public health, Becky Jenkins, noted the new regulations that had come into force this week.

Compliance officers at Health NZ had received training on the changes.

“As part of routine compliance activity, assessments continue to be made across the range of regulated products to ensure they comply with all requirements,” they said.

“To date, the Ministry has received two complaints relating to the October 1 requirements concerning five separate retailers. These complaints are being addressed through the standard complaints process.”

Jaime Lyth is a multimedia journalist for the New Zealand Herald, focusing on crime and breaking news. Lyth began working under the NZ Herald masthead in 2021 as a reporter for the Northern Advocate in Whangārei.