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More needs to be done to prevent vaping products from being bought online and delivered to children, says a public health expert.
Under New Zealand law, the sale and supply of vaping products is restricted to persons over 18 years of age.
However, a Things A survey of websites that sell the products found that the age verification processes were inconsistent.
While some had strict conditions, including presenting a government-issued ID to the delivery driver, others used unsigned delivery services and offered to drop the items in the mailbox.
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Associate Professor George Thomson of the University of Otago said lax legislation around online sales of regulated products was putting young people at risk.
Thomson said the simplest way to prevent underage shoppers from shopping online would be to require online stores to use a government-run electronic identification system, similar to technology used in other countries.
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Under New Zealand law, the sale and supply of vaping products is restricted to persons over 18 years of age.
Earlier research from the University of Otago, co-authored by Thomson, found that while 47 percent of New Zealand websites selling vaping products displayed a pop-up box where users had to “verify” their age by checking one checkbox, only six of the 59 required customers need to provide identification, such as a driver’s license or passport, to complete their order.
But legislative loopholes weren’t just a New Zealand problem, he said.
“Around the world, there has to be a lot more effort in regulating the Internet or in supply systems for the Internet to require effective control of supply. The first would be an identification system. “
Meanwhile, Thomson said retailers and delivery companies had a responsibility to ensure that restricted items did not reach minors.
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University of Otago associate professor of public health George Thomson says the simplest way to prevent underage shoppers from ordering harmful products online would be with a government-run electronic identification system.
“The ball stops in several places. The law not only prohibits the sale of these products, it also prohibits delivery and supply, and the person making the delivery is also obliged to obey the law, ”he said.
“Courier companies must have systems to know if they are transporting regulated goods and identity verification systems.”
A spokeswoman for the Health Ministry said key changes to the Smoke-Free Environment and Regulated Products Amendment Law that took effect in November included that the sale or supply of vaping products to those under the age of 18 was prohibited.
That meant that vaping products should not be delivered or arranged for delivery to a person under the age of 18.
“While the courier should not be responsible for knowing the content of each delivery he makes, couriers who pick up directly from a vaping point of sale should request proof of the recipient’s age if they believe he is under 25 years old “.
Brya Ingram / Stuff
A Stuff survey of websites that sell vaping products found that the age verification processes were inconsistent.
Vaping Trade Association spokesman Jonathan Devery previously said Things the industry had done its best to regulate itself, but it had no government guidelines.
His company Vapo and others placed R18 stickers on their online orders that required couriers to verify identification upon delivery. Devery said this method was also used by the alcohol industry.
“I would be incredibly disappointed and surprised if vaporizer vendors sold to children.”
Asking customers to upload their ID on vaping providers’ websites raises privacy concerns, but Devery would “absolutely” support the deployment of an electronic identification program, such as the use of Real Me, on vaping websites. .
A Freightways spokeswoman said its courier brands offer a range of complementary services, including signature requests or proof-of-age requests at an additional cost to senders.
Signature requests were available through New Zealand Couriers standard delivery services and ID checks through SUB60.
“Our customers are responsible for ensuring that age-restricted items are only sold to those who are legally authorized to purchase them, as our couriers do not open packaged items to verify content,” he said.
New Zealand Post customers can also pay for age verification when submitting restricted items.
The R18 “no authorization to leave” service requires a physical identification verification to be completed before the package is signed and delivered.
If the person physically receiving the package does not present verified identification, it will not be delivered.
Brendan Sheehan, head of domestic product solutions at the postal service, said alcohol has been the main age-restricted product delivered by his network for a long time.
Since the changes in regulations on vape products, NZ Post had worked to ensure that its processes related to shipping R18 items were “in the spirit of the law.”
“We have agreements with various retailers and shippers on the conditions to ship these items and they must abide by those agreements.”
Although the individual courier drivers were experts in their “patch,” it was not possible or feasible for them to know the contents of each package or who lived at each address, Sheehan said.
“Our policy is yes [the person receiving a marked R18 parcel] appears under 25 years old, they will be asked for identification. If the driver feels uncomfortable, they will leave a calling card and take the package to the depot for collection ”.
Alex Sims, an associate professor in the department of business law at the University of Auckland, said the seller appeared to be liable if a courier delivered vaping products to someone under the age of 18.
“The retailer, by using a courier service to deliver that product, is’ fixing[ing] to be delivered. ‘ The courier is likely to be treated as an agent of the retailer, ”Sims said.
“The courier’s actions of supplying it to a person under the age of 18 are treated as if the retailer was making the supply. Therefore, the retailer is responsible under the law if the couriers deliver the vaping products to minors. “
Sims said individual couriers and their employers may not be liable if they did not verify the age of the recipient, as they had not sold the regulated product.
“While this may seem a bit strange for the courier to avoid liability, a courier does not always see who is buying the regulated product. For example, if no signature was required for the package or if it was sent by regular mail. “
