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

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

You could also call this:

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

If you advertise a regulated product, you are responsible for it, even if you are doing it for someone else. You are considered to be publishing the advertisement, whether you are doing it for yourself or as an employee or agent of another person. This is how the law works for regulated products, as stated in the Smokefree Environments and Regulated Products Act 1990, which was amended by the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428439.

Topics:

Health and wellbeing > Public healthBusiness > Industry rules

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

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

27: Prohibited oral communications, or

"Don't promote smoking or vaping products to customers in your shop"

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

26Liability of employees, employers, agents, and principals

For the purposes of this Act, every person is deemed to publish a regulated product advertisement whether the person does so on the person’s own account or as the agent or employee of any other person.

Notes

Section 26: inserted, on 11 November 2020, by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).