Court fines company over Smokefree Act breaches

The Ministry of Health welcomes the decision of the Hamilton District Court in the Smoko’s Discount Specialist Tobacco Management Ltd’s case.

The Ministry took a prosecution against the company for breaches against the Smoke-free Environments Act 1990. The company was fined $5000 for the breaches.

Amendments to the Act, which came into force on 23 July 2012, place tight restrictions on the type of advertising that a retailer of tobacco products is permitted to do.

One of the amendments prevents a retailer from displaying outside their place of business the retailer’s name or trade name if that name includes any word or expression signifying that tobacco products are available for sale in the premises.

The word ‘Smoko’ is an expression associated with a cigarette break and a word or expression signifying that a tobacco product is available in the shop, and is in clear breach of the Act.

The Judge noted in his sentencing that given the obligations on tobacco retailers, the company needed to be very careful with such a name.

The Ministry worked with the owner Smoko’s concerning the issue. However, when the issue was not addressed, a decision was made to prosecute.

The acting chief legal advisor, Dennis Shum says: ‘The Ministry is pleased by this outcome as it is important that retailers understand their obligations in this area, and that if necessary, the Ministry will prosecute any retailers for breaches of the Act.’

This is the first case the Ministry has taken since the amendments to the Act against a retailer for displaying a name that indicates that any tobacco product is available for purchase in the premises.

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