National list MP Nicky Wagner has accused Jacinda Ardern of misleading the public after the Prime Minister blamed the Opposition for holding back legislation that would regulate New Zealand's vaping industry.
Speaking to The AM Show on Monday, Ardern claimed the delay in getting the Smokefree Environments and Regulated Products (Vaping) Amendment Bill across the line is due to a National Party amendment, proposed by Wagner, which would allow vaping retailers to sell oral nicotine pouches. The pouches are banned under the current Bill.
Ardern said a supplementary order paper (SOP) put forward by National adds 'snus' - a smokeless nicotine pouch originating in Sweden that can contain tobacco or non-tobacco ingredients, placed between the top gum and lips - as an additional smoking alternative alongside vaping.
"My very strong view is that vaping legislation should not be used as a backdoor to bring in other nicotine products," Ardern argued. "That has been one of the complicating factors.
"If the National Party wants to withdraw that amendment, that would certainly help us make some progress."
On Tuesday, Wagner told The AM Show the Prime Minister's claims were "inaccurate".
Wagner says she "played around" with the SOP, which still bans all oral nicotine except from "one minor item".
"Which is a nicotine pouch," she said.
"It's not tobacco. It isn't snus. She told a colourful story about snus. It's not snus."
The SOP, submitted on July 2, says "up to 10,000 New Zealanders" currently use oral pouches as an alternative to smoking.
Wagner's proposed amendment reads: "During the consideration of the bill the Ministry of Health advised the Health Select Committee that oral nicotine products are significantly less harmful than smoking.
"As oral tobacco-free nicotine pouches are administered through the oral route (between the top lip and the gum) no respiratory risk is associated and the route of administration has been proven through nicotine gum and sprays with no adverse health problems."
Another SOP submitted on July 30 amends the Bill to make "non-tobacco nicotine pouches a notifiable product for the purpose of the Bill", removing the pouches from the prohibition on the sale and distribution of oral nicotine products, in recognition of the product's utility "as an aid to help smokers quit".
Wagner said the "whole sense" of the Bill is to provide additional "mechanisms" and alternatives to help Kiwis quit smoking.
"This is not my problem holding it up. I've got three SOPs that improve a very poor Bill, there's actually other things that could be improved too. But because the Bill... was under COVID, it hasn't been done properly."
The Smokefree Environments and Regulated Products (Vaping) Amendment Bill is at its third reading in Parliament. Once passed, it will provide regulation for the country's uncontrolled vaping industry.
Wagner claims the reason the legislation has yet to pass is that other parties agree with her.
"They won't vote with [Ardern]. She's got enough numbers if all her people will vote, but they're feeling uneasy about it because they think it's the correct thing to do," Wagner said.
"All the 'quit smoking' agencies are saying, 'pass this legislation, get it through' - the whole idea is we want people to quit smoking."
The AM Show host Duncan Garner argued that Wagner could pull her SOP to allow the Bill to progress forward - however, the MP argued that Ardern has the numbers to vote against the amendment.
"She doesn't, because she knows it's the correct thing to do."
Nicotine pouches are currently available for purchase on a number of websites. Cosmic Corner and Shosha are two of a handful of retailers nationwide who stock snus products under the White Fox and Quick Fuel brands.
However, it's illegal to sell, import or distribute chewable tobacco products or products absorbed through the oral mucosa - such as tobacco-containing snus - in New Zealand, according to Ministry of Health guidelines.
