24Specified publications exempt from advertising prohibition

1. Section 23 does not apply to—

2. any price list given to retailers of regulated products if the price list—
   1. complies with regulations; and
   2. includes the health messages required by or under Part 3:
3. any advertisement included in any book, magazine, or newspaper printed outside New Zealand, or in any radio or television transmission originating outside New Zealand, or in any film or video recording made outside New Zealand, unless—
   1. the main purpose of the book, magazine, newspaper, transmission, film, or video recording is the promotion of the use of regulated products; or
   2. the book, magazine, newspaper, film, or video recording is intended for sale, distribution, or exhibition primarily in New Zealand; or
   3. in the case of an advertisement in any radio or television transmission, the advertisement is targeted primarily at a New Zealand audience:
4. any regulated product advertisement published by a regulated products manufacturer in a magazine intended for distribution only to the manufacturer’s employees:
5. the exhibition, in any museum or art gallery, of any work or artifact:
6. the dissemination, broadcasting, or exhibition of any film, video recording, or sound recording where—
   1. that film, video recording, or sound recording was made before 16 December 1990; and
   2. the regulated product advertisement included in that film, video recording, or sound recording is in the form of a reference to, or a depiction of, a tobacco product trade mark that is only an incidental part of that film, video recording, or sound recording:
7. a public health message issued by the Director-General for the purposes of this Act or any of its Parts that is published by a public service or an individual or organisation that is funded (whether wholly or partly and whether directly or indirectly) by a public service:
8. the following activities:
   1. the display, in accordance with any regulations, of vaping products that are available for sale within the retail premises of a specialist vape retailer; and
   2. if regulations made under section 81(1)(5)(ii) are in force and apply to the retailer, a retailer providing within their retail premises or on their Internet site information (in any medium) relating to vaping products in accordance with regulations; and
   3. until regulations made under section 81(1)(5)(ii) are in force, a retailer providing within their retail premises or on their Internet site information about vaping being a less harmful alternative to smoking:
9. any advice or message given by a suitably qualified health worker to an individual or to groups for the purpose of supporting them to switch from smoking to vaping:
10. the following activities:
    1. the publication and dissemination of research about vaping products, smokeless tobacco products, and their use:
    2. the publication and dissemination of research about encouraging smokers to switch to a product that is less harmful than smoking:
11. the publication of media articles, commentary, and opinion that—
    1. encourage people to switch to a regulated product that is significantly less harmful than smoking; and
    2. are not sponsored by the manufacturer, importer, retailer, or distributor of that product:
12. information provided by manufacturers and importers, in accordance with any regulations, to retailers about the use of vaping products and smokeless tobacco products.