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Smokefree Environments and Regulated Products Act 1990

Restrictions on advertising, promotion, sale, and distribution of regulated products - Restrictions on advertising of regulated products and related communications

25: Retailers, vending machines, and Internet sellers exempt from advertising prohibition in certain circumstances

You could also call this:

"Some sellers can advertise regulated products in certain ways, like in shops or online, if they follow the rules."

If you sell regulated products, you can do some things that might seem like advertising. You can give people information about your products when they ask for it. You can tell them what products you have and how much they cost. You can also put up a sign inside your shop that says you sell regulated products and where they can be found.

When you sell products from a vending machine, you can put a notice on the machine that says what products are inside and how much they cost. If you sell products on the internet, you can show people what products you have and their prices when they look at your website.

You need to follow the rules when you do these things. There are some names you cannot use when you display your shop's name outside or on your website. These are called reserved names. A reserved name is a name that might make people think you sell other products or that you are connected to a manufacturer of regulated products. You can find out more about the rules by looking at the Smokefree Environments and Regulated Products Act 1990 and the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020.

If you have an internet site, you cannot put a link to an advertisement that does not follow the rules. You have to be careful what you put on your website. The rules can change, so you should check the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 for the latest information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428438.

Topics:
Health and wellbeing > Public healthBusiness > Industry rules
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24: Specified publications exempt from advertising prohibition, or

"Some publications and situations are allowed to advertise certain products even if there are rules against it"

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26: Liability of employees, employers, agents, and principals, or

"Who is responsible when advertising certain products, like vapes or cigarettes?"

Part 2Restrictions on advertising, promotion, sale, and distribution of regulated products
Restrictions on advertising of regulated products and related communications

25Retailers, vending machines, and Internet sellers exempt from advertising prohibition in certain circumstances

  1. A retailer of regulated products may do all or any of the following things:

  2. in response to a product request, provide, inside that retailer’s place of business, information (in any medium) that—
    1. is in the form of printed, written, or spoken words; and
      1. does no more than identify the regulated products available for purchase in that place and indicate their price; and
        1. complies with any requirements in regulations:
        2. display inside that retailer’s place of business any notice for the public that—
          1. does no more than indicate, using only printed or written words, the fact that regulated products in general are available for purchase in that place and the location or locations where they may be purchased; and
            1. complies with any requirements in regulations:
            2. display the retailer’s name or trade name at the outside of the retailer’s place of business or on their Internet site so long as the name is not and does not include a reserved name.

              1. Repealed

              2. A person who offers regulated products for sale (whether by retail or wholesale) by way of an automatic vending machine may display, on the outside of the vending machine, any notice for the public that—

              3. does no more than—
                1. identify (using only printed or written words) the regulated products; and
                  1. indicate (using only printed or written words) their prices; and
                  2. complies with any requirements in regulations.

                    1. A person who offers regulated products for Internet sale (whether by retail or wholesale) may, in response to a product request, allow to be visible on the person's Internet site when people browse, enter, or otherwise access the site, information that—

                    2. is in the form of printed or written words; and
                      1. does no more than identify the regulated product and indicate its price; and
                        1. complies with any requirements in regulations.

                          1. To avoid doubt, subsection (4) does not permit publication on an Internet site of a link to a regulated product advertisement that does not comply with this Act or regulations.

                          2. Repealed

                          3. In this section, reserved name means,—

                          4. in respect of a name displayed on the outside of a specialist vape retailer’s approved vaping premises or on their approved Internet site, a name that includes—
                            1. any word or expression signifying that a regulated product other than a vaping product is available for purchase in that place; or
                              1. the trade mark of a regulated product, other than a trade mark registered by the specialist vape retailer relating to—
                                1. a vaping product manufactured by the specialist vape retailer; or
                                  1. the specialist vape retailer’s retail vaping business; or
                                  2. the company name of a manufacturer or an importer of regulated products, unless it is also the company name of the specialist vape retailer; and
                                  3. in respect of a name that is displayed on the outside of the place of business or the approved Internet site of any other retailer of regulated products, a name that includes—
                                    1. any word or expression signifying that a regulated product is available for purchase in that place; or
                                      1. the trade mark of a regulated product; or
                                        1. the company name of a manufacturer or an importer of regulated products.

                                        Notes
                                        • Section 25: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                                        • Section 25(1)(c): replaced, on , by section 18(1) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                                        • Section 25(2): repealed, on , by section 18(2) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                                        • Section 25(4A): inserted, on , by section 12(1) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
                                        • Section 25(5): repealed, on , by section 12(2) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
                                        • Section 25(6): inserted, on , by section 18(3) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).