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Hardie, L., Bandlamudi, M., & McCool, J. . Why Aotearoa needs stronger vape flavour regulations. Public Health Expert Briefing. https://www.phcc.org.nz/briefing/why-aotearoa-needs-stronger-vape-flavour-regulations

Vancouver style

Hardie L, Bandlamudi M, McCool J. Why Aotearoa needs stronger vape flavour regulations. Public Health Expert Briefing. . https://www.phcc.org.nz/briefing/why-aotearoa-needs-stronger-vape-flavour-regulations

Summary 

Youth vaping is an ongoing public health concern in Aotearoa New Zealand (NZ). NZ has introduced multiple policies to reduce the appeal and rates of use, including 2024 regulations limiting permitted flavour names.

Our research investigated whether online retailers complied with these restrictions by examining the flavour names and profiles of 6,939 vape products across 22 retailers. We found significant non-compliance nine months after enactment: 25.8% of assessed products breached the naming restrictions, and only four of the 22 retailers were fully compliant. Breaches included the continued use of descriptors with youth-oriented appeal, such as “candy”, “cola” and “ice”.

Among products that followed the naming rules, sweet and fruity profiles continued to dominate the market, accounting for 78.9% of available options. NZ should investigate policies that extend beyond product names to include youth-oriented flavour formulations, alongside strong enforcement measures.

The scale and impact of youth vaping in Aotearoa 

Youth vaping is a significant public health concern globally. Rates of daily vaping among young people in NZ have increased rapidly, with daily use among 15–24-year-olds rising from 4.3% to 20.3% between 2019 and 2025.1 The data for younger rangatahi (14–15 years) show concerning inequities between groups; for example, the prevalence of daily use among young Māori is 16.5%, more than three times that of Pākehā/European students of the same age (4.7%).2 Flavours are an important factor in the appeal of vapes among young people,3 particularly sweet and fruity flavours, which can reduce perceptions of harm and increase palatability. 4

Current regulations to reduce youth appeal 

To address high rates of use, NZ enacted regulations restricting permitted flavour names to reduce the targeted marketing and appeal to young people.5 The rules stipulate that retailers must describe the flavour of vape liquids using only one or two names from a specified list of 57 permitted words. This change aimed to eliminate youth-oriented descriptors such as candy and soda.

New research: High non-compliance and the dominance of sweet flavours 

To understand how these regulations are implemented in practice, our recently published research analysed 22 popular New Zealand online vape retailers to determine compliance. We extracted flavour names from 6,939 vape products nine months after the initial six-month sell-through period ended.6  

The findings indicate common regulatory non-compliance. Only four out of 22 retailers (18%) were fully compliant. Overall, 25.8% (1,794) of the products breached the flavour-naming restrictions. Retailers actively attempted to bypass regulations by listing prohibited names (like 'candy' or 'cola') alongside compliant ones, or by using the term 'ice'.  

Even among products that adhered to the naming rules, sweet and fruity profiles, which are known to appeal to youth, continue to dominate the online market, accounting for 78.9% of the sample.

While data for this study were collected in 2025, non-compliant descriptors are still visible on multiple websites, suggesting this is an ongoing issue.

Opportunities for a stronger public health response 

The widespread non-compliance highlights gaps in the monitoring and enforcement of current vaping regulations. Furthermore, the extensive approved list of fruit and sweet flavours still enables the industry to market hundreds of unique, youth-appealing combinations, such as “Sweet Raspberry” and “Sour Grape,” while technically following the naming rules.

To protect rangatahi from the harms and addiction of vaping, NZ must look beyond product naming rules. There is an opportunity to strengthen restrictions on the formulation of youth-oriented flavours, potentially mirroring policies in jurisdictions such as California, which has banned flavours, and the Netherlands, where only specified ingredients are permitted.7,8 Importantly, any regulations should be accompanied by strong enforcement and pre-empt attempts by industry to bypass restrictions.

What this Briefing adds

  • Provides new evidence on online retailer compliance with New Zealand's 2024 vape flavour-naming regulations.
  • Reveals that 25.8% of 6,939 assessed vape products breached naming restrictions, with only 4 of 22 retailers fully compliant.
  • Highlights that sweet and fruity flavours, which are known to appeal to youth, still dominate the market, accounting for 78.9% of products.

Implications for policy and practice

  • Policy: Highlights the need to move beyond restricting flavour names toward more meaningful and comprehensive restrictions on the formulation and sale of youth-appealing flavours.
  • Practice: Demonstrates a need for active, well-resourced monitoring and enforcement of vaping retailers to address high non-compliance rates and industry workarounds.

Authors details 

Dr Lucy Hardie, School of Population Health, Waipapa Taumata Rau | University of Auckland

Meghana Bandlamudi, School of Population Health, Waipapa Taumata Rau | University of Auckland

Professor Judith McCool, School of Population Health, Waipapa Taumata Rau | University of Auckland

Creative commons

Public Health Expert Briefing (ISSN 2816-1203)

References

  1. Ministry of Health. New Zealand Health Survey: Vaping at least once a day, https://minhealthnz.shinyapps.io/nz-health-survey-2024-25-annual-data-explorer/ 
  2. ASH New Zealand. Year 10 Snapshot Smoking and Vaping 2025. https://tinyurl.com/sztr3sns
  3. Wang TW. E-cigarette Use Among Middle and High School Students — United States, 2020. MMWR Morb Mortal Wkly Rep; 69. Epub ahead of print 2020. DOI: 10.15585/mmwr.mm6937e1.
  4. Strombotne K, Buckell J, Sindelar JL. Do JUUL and e-cigarette flavours change risk perceptions of adolescents? Evidence from a national survey. Tob Control 2021; 30: 199–205. https://doi.org/10.1136/tobaccocontrol-2019-055394
  5. New Zealand Parliament. Smokefree Environments and Regulated Products Amendment Regulations. 2023. https://www.legislation.govt.nz/secondary-legislation/pco-drafted/2023/201/en/latest/ 
  6. Hardie L, Radich C, Bandlamudi M, et al. Restricting E‐Cigarette Flavour Names to Reduce Youth Appeal: An Analysis of New Zealand’s 2024 Regulations. Health Promot J Austr 2026; 37: e70171. doi: 10.1002/hpja.70171
  7. Chaffee BW, Donaldson CD, Couch ET, et al. Flavored Tobacco Product Use Among California Adolescents Before and Immediately After a Statewide Flavor Ban. Nicotine Tob Res 2025; 27: 1035–1042. DOI: 10.1093/ntr/ntae261
  8. Hellmich IM, Havermans A, Havermans A. A comprehensive evaluation of an e-cigarette flavor ban on consumer behavior and purchasing. Tobacco Induced Diseases. 2025; 23(1):A409. https://www.tobaccoinduceddiseases.org/A-comprehensive-evaluation-of-an-e-cigarette-flavor-ban-on-consumer-behavior-and,206322,0,2.html

About the Briefing

Public health expert commentary and analysis on the challenges facing Aotearoa New Zealand and evidence-based solutions.

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