Court dismisses charges against Philip Morris over sale of non-burning tobacco sticks

Tuesday, 27 March 2018

The electronic device IQOS, which heats tobacco sticks to release nicotine.

A judge has sided with tobacco giant Philip Morris in ruling non-burning tobacco sticks Heets can be legally sold in, and imported into, New Zealand.

The Ministry of Health laid two charges against Philip Morris New Zealand last year over the sale and importation of the tobacco sticks, which are heated in an electronic device called IQOS to release nicotine.

The ministry argued Heets fell into the category of tobacco products designed for oral use other than smoking, and were prohibited under Section 29 of the Smoke-Free Environments Act 1990.

But Judge Patrick Butler dismissed the charges in the Wellington District Court on Tuesday, ruling the product fell outside that scope.

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The section of the smokefree law in question was not intended to apply to products such as Heets, and banning the product would be contradictory to what the act was trying to achieve, the judge said.

Parent company Philip Morris International announced recently it wanted to stop selling cigarettes, instead promoting alternatives such as e-cigarettes and heated tobacco.

Philip Morris NZ general manager Jason Erickson welcomed the decision, but said the court case highlighted the need to reform e-cigarette and smokeless product regulations.

'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,' Erickson said.

'Regulations should give all players – including small and local businesses – the ability to compete in the marketplace and accelerate conversion away from cigarettes to potentially less harmful alternatives …'