HEETS-ban case dismissed

| March 28, 2018

A Ministry of Health claim that a heated-tobacco product was banned under New Zealand law has been dismissed by a judge sitting alone in the District Court of Wellington.

The case, brought against Philip Morris New Zealand (PMNZ) in respect of HEETS, the consumable item of PM’s IQOS system, claimed that the product was banned under the Smoke-Free Environment Act, which bans tobacco products used for chewing or any other oral use (other than smoking).

But Judge Patrick Butler found that HEETS were not caught within the ambit of s 29 (2) of the Act and dismissed the charge.

While welcoming the decision, PMNZ’s general manager Jason Erickson said the case highlighted the need for urgent reform of regulations surrounding e-cigarettes and other smokeless tobacco products.

“To achieve the Smokefree 2025 goal, men and women who smoke in New Zealand need freely available information and access to a range of better alternatives to cigarettes, including nicotine-containing electronic cigarettes and smokeless tobacco products such as HEETS,” he said.

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Category: Breaking News, Harm reduction, Litigation, Next-generation products, Regulation

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