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Smokefree Environments and Regulated Products Act 1990

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

31: Use of trade marks, etc, on goods other than regulated products or in relation to sponsored events

You could also call this:

"Don't put a regulated product's logo on other things that aren't related to that product"

Illustration for Smokefree Environments and Regulated Products Act 1990

You cannot use a trade mark of a regulated product on something that is not a regulated product. This means you cannot put a regulated product's trade mark on another item, even if you are allowed to use that trade mark normally. You also cannot use a company name that is part of a regulated product's trade mark to advertise other things.

If a trade mark has a company name in it, you cannot use that company name to advertise non-regulated things. This includes items, services, events, or scholarships that are not regulated products. You cannot do this, even if you would normally be allowed to use the company name.

You are not allowed to sell or give away items that have a regulated product's trade mark on them, if those items are not regulated products. A non-regulated article is something that is not a regulated product and is not a package for a regulated product.

If you break these rules without a good reason, you can get in trouble and have to pay a fine. The amount of the fine depends on who you are and what you did wrong. You can check the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 to learn more about the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428450.

Topics:
Health and wellbeing > Public healthCrime and justice > Criminal law
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30: Sponsoring activity involving exclusive supply arrangement, or

"No exclusive deals to sell regulated products at events"

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32: Exemption for craft in emergencies, or

"Boats in emergencies don't have to follow some smoking and vaping rules"

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

31Use of trade marks, etc, on goods other than regulated products or in relation to sponsored events

  1. A person must not use a regulated product trade mark—

  2. on a non-regulated article; or
    1. for the purpose of advertising or identifying to the public—
      1. any non-regulated article; or
        1. any service, activity, or event; or
          1. any scholarship, fellowship, or other educational benefit,—
            2. even though that person would be, but for this Act, entitled to use the trade mark on that article or for that purpose.

          2. If a trade mark includes the company name, or part of the company name, of a manufacturer, importer, or distributor in New Zealand of any regulated product, no person may use that company name for the purpose of advertising or identifying to the public—

          3. any non-regulated article; or
            1. any service, activity, or event; or
              1. any scholarship, fellowship, or other educational benefit,—
                  1. even though that person would be, but for this Act, entitled to use that trade mark or company name for that purpose.

                1. A person must not distribute, sell, or offer or expose for sale any non-regulated article that bears a trade mark of a regulated product that is sold in New Zealand.

                2. In this section, non-regulated article means an article that is not—

                3. a regulated product; or
                  1. a package in which a regulated product is sold or shipped.

                    1. A person who, without reasonable excuse, contravenes subsection (1), (2), or (3) commits an offence and is liable,—

                    2. in the case of a manufacturer, an importer, or a distributor,—
                      1. to a fine not exceeding $600,000; but
                        1. if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and
                        2. in the case of a large retailer,—
                          1. to a fine not exceeding $200,000; but
                            1. if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and
                            2. in any other case,—
                              1. to a fine not exceeding $50,000; but
                                1. if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000.

                                Notes
                                • Section 31: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).