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Media Release - Dunedin Party Supplies

Updated: Jun 6, 2024

Recently, the Ōtepoti-Dunedin chapter of SSDP Aotearoa has been in the news for being instrumental in shutting down a local retailer who was illegally selling nicotine vaping devices and was selling nitrous oxide in an unsafe manner. The general media release regarding this event is as follows:


Dated:                   Wednesday 28th day of February 2024

Re:                         Students call for regulation and legal sale of recreational nitrous oxide.


Tēnā koe e hoa

Please see our media comment regarding this matter below:

If these comments are provided alongside an interview, please attribute these comments to whichever SSDP spokesperson(s) you are interviewing.


Otherwise, please attribute these comments to Max Phillips, President of Students for Sensible Drug Policy Ōtepoti-Dunedin.


If you require further clarification on any of these points, please email us at info@ssdpdunedin.org.nz.

 

  1. We want to be really clear – Students for Sensible Drug Policy Ōtepoti-Dunedin (SSDP) did not act on Dunedin Party Supplies (DPS) because they were selling nitrous oxide products and vapes – we acted because: the volume of the nitrous oxide product they chose to sell, and the increased availability and access to nitrous oxide and vape products their 24-hour / late night and early morning delivery service offered, increased these harm these substances cause to the Dunedin student community.

  2. When talking about alcohol and other drugs used by students in Dunedin, we must talk about the property damage, smashed glass, drunk driving, fights and physical assaults, sexual violence, and even the death of young people in their teens and early twenties.  We must talk about the ruined lives, and the students that are literally dying.

  3. This year we’ve seen an onslaught of off-license alcohol marketing, [1] which encourages and reinforces students to continue drinking to excess on the streets and in the student flats of North Dunedin.  This marketing is extremely predatory, given a well identified trend that drinking patterns during Flo and O Week predict subsequent drinking throughout the academic year.  [2]

  4. However, this year we’ve seen an expansion of those extremely predatory marketing practices to other substances – including 24-hour delivery of vapes, but more worryingly of nitrous oxide products otherwise known as ‘nangs.’

  5. This week’s Flo- and O- Weeks clearly illustrate the harm that happens on both sides of bad regulation.

  6. On one side of bad regulation there’s prohibition, which is the case with nitrous oxide products.  On the other side there’s barely controlled profit driven consumption, which what is driving billions of dollars’ worth of harm caused by alcohol.  Neither approach to these substances is evidence-based.

  7. Nitrous oxide products were assessed to be the drug that caused the second least harm by the 2023 ‘The New Zealand drug harms ranking study.’ [3] This study rated the harm of nitrous oxide products as a 3, compared to 88 for alcohol, 71 for methamphetamine, 49 for tobacco products, 32 for cannabis.  Nitrous oxide rated even less that vapes which had a harm rating of 4.  Only kava was rated lower that nitrous oxide, at 2.

  8. Nitrous oxide is already safer than vaping, but the current lack of evidence-based regulation of nitrous oxide for recreational use is unnecessarily increasing the harm caused by this substance.

  9. It creates a space for predatory retailers like DPS to exploit people, mostly students and young people.

  10. It encourages the sale of nitrous oxide products in such large volumes they promote overconsumption, which increases the harm caused by these products.

  11. It prevents safer options for the recreational use of nitrous oxide, such as mandating the sale of nitrous oxide mixed with oxygen for inhalation, which would reduce the recreational effect of nitrous oxide but would massively reduce the risk of hypoxia (lack of oxygen provided to the brain).

  12. It promotes the use of emotionally focused fear and misinformation campaigns that prevent people and communities from having real conversations about nitrous oxide use, which undermines harm reduction messaging and frightens people away from seeking help if their nitrous oxide use becomes harmful.

  13. Later today SSDP will be presenting to the Health Select Committee on the Misuse of Drugs (Pseudoephedrine) Amendment Bill.

  14. SSDP believes it’s clear that the prohibition of pseudoephedrine did not work.  In 2009, when pseudoephedrine was banned, there were 19 involving methamphetamine in Aotearoa. In 2017, 8 years after the ban, there were 130 deaths involving methamphetamine. [4]

  15. From 2009 - 2018, methamphetamine manufacturing convictions fluctuated up and down, with 2018 having just 10 fewer manufacturing convictions than the 70 convictions in 2009. The mean average number of manufacturing convictions over this time was 74.5 per year. [5]

  16. Prohibition of pseudoephedrine did not stop an increasing amount of harm caused by methamphetamine.  Prohibiting nitrous oxide, which is nearly 25 times less harmful than methamphetamine, will not stop drug harm, but will rather likely increase it.  Given the minimal amount of harm caused by recreational nitrous oxide use – prohibition is completely unnecessary and a waste of time and effort.

  17. It’s also a complete waste of taxpayer dollars in the costs of enforcement, and the cost to our health and justice systems.  All these costs can be mitigated by effective evidence-based regulation based on harm reduction, which will allow nitrous oxide products to be sold safely and be properly taxed.

  18. On the other side of bad regulation is the absolute disaster of failed alcohol regulation that causes $7.85 billion dollars of harm each year, far outweighing the $1.193 billion that the government collects as excise tax.  That’s a cost of $6.5 billion every year, of $1,263.20 that every single New Zealander of any age must pay for us to get wasted – and we’ve got to buy our own drinks as well.

  19. Allowing recreational substances to become nothing more than another commodity to be consumed does not work as well.  Alcohol companies push people and communities to drink more because they know they can increase their profit without having to pay for the harm their products cause.

  20. So, on one side of bad regulation, we’ve got prohibition of alcohol and drugs, which increases harms experienced by people and communities, and the price we all must pay.  On the other side we’ve barely controlled profit driven consumption, which also increases harms experienced by people and communities, and the price we all must pay.

  21. What doesn’t change on either side is the profit being made by those who are exploiting bad regulation.  On the side of prohibition, the profit is made by organised crime; or in lesser cases predatory retailers and individuals taking advantage of loopholes and grey areas in bad regulation. 

  22. On the other side the profit is made irresponsible and uncaring companies and corporations who are looking to increase their bottom lines and undermine any attempt to put the health and well-being of people and communities before their bank accounts.

  23. Both are making money off human misery, and both will not think twice about encouraging you to consume more, regardless of the harm it causes.

  24. The only solution to this is effective, evidence-based regulation that is focused on harm reduction.  That is the middle path we must walk, and it’s well past the time that the government steps up to ensure that all New Zealanders are safe, that harm is minimised, and that taxpayer money isn’t wasted on needless harm that emerges from what is simply the bad regulation of these substances. The fear and misinformation about the risks of nitrous oxide

  25. SSDP is exhausted by those who use emotionally focused fear and misinformation campaigns that try to scare people to not use substances.  Scare tactics don’t work, they’ve never worked, and the just increase harm.

  26. We are sick of the ‘stories’ of people who used a single bulb of nitrous oxide, and then couldn’t walk for months.  We believe it’s time for people pushing this information to ‘put up or shut up’ – show us the evidence: show us that the person didn’t consume an insane amount of nitrous oxide in a single session; show us that there wasn’t an underlying pre-existing health condition; or even better – just show us any evidence that it happened at all.

  27. Because we’ve done the work, and here’s the facts of it: Nitrous oxide, better known as nangs or laughing gas, has been used recreationally since 1799 – that’s 225 years.

  28. Beyond the financial harm of impulse purchasing when otherwise intoxicated (the risk of 24-hour or late night/early morning deliver services), the environmental harm caused by empty bulbs, and the acute risk of hypoxia and falls from poly-substance intoxication or overconsumption, the key risk associated with recreational use of nitrous oxide products are caused by vitamin B12 deficiency, which can cause spinal damage.

  29. More common causes of B12 Deficiency are alcohol abuse, having a vegan diet, or just being old (20% of our aging population suffers from a B12 deficiency.

  30. In a literature review of spinal cord damage, one case required regular use of 60 bulbs per session three times a week for ten months to result in serious damage. [6] 

  31. The same study, which uses Australian data identified that the risk of spinal cord damage drastically increases with the ongoing use of more than 10 bulbs a day.  The Australia data record that on average, less than five bulbs are used in a session, and that use was intermittent rather daily or weekly. 

  32. From recent Otago-based research into the usage of nangs (still to be published), over 75% of New Zealand use less than 5 bulbs per sessions, with sessions being every 2 months or less.

  33. A British meta-analysis of 10 cases (three women and seven men, average age of 22 years old) reported that severe spinal cord damage symptoms developed after an average consumption of nitrous oxide 2 to 3 times per week, while using 75 to 2,000 bulbs per week. [7]

  34. In consensus with the 2023 ‘The New Zealand drug harms ranking study,’ a 2022 European study concluded that recreational use of nitrous oxide was ‘relatively safe,’ and that short term high doses or long-term repetitive use posed the greatest risk.  [8]

  35. This study found that the severity of harmful symptoms was proportional to the amount of nitrous oxide inhaled: that the low threshold of a ‘high’ dose was 10 bulbs per session; that side effects such as nausea typically occurred at 14 bulbs per session; and that severe health effects typically only occurred with prolonged use of 10 to 100 bulbs per session.  It also found that there is no evidence of users developing a dependence to nitrous oxide.

  36. The long story short is if you use nangs every day, or if you consume an incredibly high amount of nangs in one session (think 75 to 2,000 bulbs in one go) – you’re likely end up harming yourself – but that’s a whole heap of nangs you’re having to inhale in one go.

  37. The best harm reduction approach is that if you do choose to inhale nangs, make sure to keep it under 5 bulbs in a session, and no more than a session a week is best.  It’s also a good idea to get your B12 tested regularly, and if required, go get a B12 shot.

  38. Those are the risks based on the evidence.  SSDP believes that the lack of evidence-based regulation is causing harm; creating a space for predatory and exploitative retailers to make a profit from that harm; and is preventing our communities from having real and meaningful harm-reduction conversations. Timeline regarding Dunedin Party Supplies 

  39. During Flo (Flat Orientation) week this year, North Dunedin student flats were targeted by flyers advertising www.dunedinpartysupplies.shop (hereafter DPS). [9]

  40. SSDP tried to identify this retailer, but their website has been set up to obscure their identity and contact details that must be provided for the registration of internet domain names.

  41. Consequently, to reduce the harm caused by these products, SSDP chose to contact the payment providers used by the retailer, requesting that they withdraw their services.

  42. Letters were sent to:

    1. Merco Limited operating as POLi Pay - sent via email at 10:17 AM on Tuesday 20th of February,

    2. Visa Worldwide (New Zealand) Limited - sent via email to Quigg Partners Law Firm in Wellington, their registered address on the Companies Office, at 10:14 AM on Tuesday 20th of February, Mastercard New Zealand Limited, sent via email to Martelli McKegg Law Firm in Auckland, their registered address on the Companies Office, at 10:11 AM on Tuesday 20th of February.

  43. Copied into these emails were Dr Michael Butchard, Medical Officer of Health for Otago and Southland (Michael.Butchard@southerndhb.govt.nz; +64 27 383 4202, ext: 55804 | DDI: +64 3 476 9804), and Mr Aaron Whipp, delegate of Dr Butchard and Health Promotion Advisor (Aaron.Whipp@southerndhb.govt.nz; mob 027 204 7195 |03 4769857).

  44. In response to our letter, Mr Whipp advised SSDP that he could not find any records of DPS being a Specialist Vape Retailer and forwarded our letter to the Vaping Regulatory Authority.

  45. SSDP received confirmation that the letter had been received for Mastercard New Zealand Limited by Tom​​​​ Swindells of to Martelli McKegg at 11:02 AM on Tuesday 20th of February.  (Tom.Swindells@martellimckegg.co.nz; DDI: +64 9 300 7606).  SSDP has received no further correspondence on behalf of Mastercard New Zealand.

  46. SSDP has received no reply from Visa Worldwide (New Zealand) Limited.

  47. SSDP received a response from Jeff Skidmore, Director, Merco Limited at 1:46 PM on Tuesday 20th of February.  (jeff.skidmore@polipay.co.nz | Telephone +64 9 363 6726 | Mobile +64 21 485318)

  48. Mr Skidmore advised SSDP that Merco LTD had a policy that POLi cannot be used to pay for nitrous oxide products, and stated he would talk to the retailer.

  49. SSDP responded with the updated information regarding DPS not being a Specialist Vape Retailer and requested that Merco LTD provide the registered address of DPS so we could file a complaint with the Vaping Regulatory Authority.

  50. Mr Skidmore then replied stating that Merco LTD had ended their relationship with the retailer, and stated he believed it inappropriate to identify the retailer to SSDP.

  51. In the late afternoon of Tuesday 20th of February SSDP has confirmed that POLi is no longer a payment option on the www.dunedinpartysupplies.shop website.

  52. On Thursday 22nd of February, SSDP noticed that all Vaping products had been removed from the DPS’ website, and furthermore, that both Visa and Mastercard had withdrawn their payment processing services from this retailer.

  53. However, the retailer was continuing to trade, and was accepting payment via cash on delivery or bank transfer to their Kiwibank account.

  54. Furthermore, an additional paragraph had been added to the product description for the the ‘Miami Magic NEW 0.95L / 615g’ store page, advising purchasers that their names and contact details would be provided to Te Whatu Ora if that information was requested by a Public Health Officer.

  55. As reported by Newshub on Tuesday 27th of February, DPS intended to reduce their delivery service from 24 hours to ‘late night and early morning only.’ [10] However, late nights and early mornings are the times of greatest risk of poly-substance intoxication harms and compounding financial harms from impulse purchases by students when they are intoxicated. 

  56. DPS’ intention to reduce their delivery times to ‘late night and early morning only’ confirmed to SSDP that the core sales targeted by this retailer were intended to be exploitative, and that DPS had not given any consideration to the risk of harm that their service posed to students.  Because of this, SSDP’s position on DPS as a predatory and exploitative retailer remains unchanged.

  57. As further reported by Newshub, as of late afternoon on Tuesday 27th of February, DPS sent a statement to Newshub saying they had ‘suspending the business and have taken the website down.’

  58. SSDP intends to continue monitoring the DPS website to ensure it is not reactivated in the future and will undertake similar action against any other predatory and exploitative retailer targeting Dunedin based students with similar products. SSDP’s position on nitrous oxide products

  59. SSDP’s membership hosted Paddy Gower and featured in his ‘Paddy Gower has Issues” episode on nitrous oxide / nangs that aired in October 2023. [11]

  60. Nitrous oxide products were assessed to be the drug of least harm by the 2023 ‘The New Zealand drug harms ranking study’ [12], which rated the harm of these products as a 3, compared to 88 for alcohol, 71 for methamphetamine, 49 for tobacco products, and 32 for cannabis. 

  61. SSDP does not condemn nor condone drug use. Rather SSDP supports youth civic engagement as a critical tool in reforming drug policy and combating harms perpetuated by the war on drugs.

  62. SSDP does not support a prohibitionist approach to nitrous oxide sale, instead SSDP believes that sensible policy would aid harm reduction and allow for safe and sensible consumption of nitrous that does not perpetuate harms within the community.

  63. However, predatory and exploitative retailers such as DPS increase the chance of knee-jerk legislative responses to nitrous oxide products, such as those that have recently occurred in the U.K.  The U.K response is simply bad regulation, and it will increase both physical and financial harm.

  64. SSDP believes that legalization for sale and consumption of nitrous oxide via regulated means would be a method of harm reduction and that current poor policy surrounding the sale of nitrous oxide is much to blame for the current issues facing our communities.

  65. SSDP believes that it was blatantly obvious that DPS was selling nitrous products for inhalation.  The evidence of this includes:

    1. The student / youth focused packaging and promotion of this product, and particularly the connection to the Otago University Orientation Week.

    2. The 24-hour delivery service; as students mostly consume nangs late at night, or during afterparties known as “kick on’s” after they decide to go home from town or from the primary party they had been at earlier in the night.

    3. That DPS nitrous product was being sold alongside party balloons which are the most common means of inhaling nitrous oxide; and,

    4. The use of the term ‘nangs’ in the advertising, which is the most common slang term used by those who are those who are inhaling nitrous oxide for recreational purposes.

    5. The fact that you need You need a dispenser to make whipped cream, and DPS had no dispensers available for sale on their website.

  66. Beyond the risks of 24-hour delivery, SSDP believes the ‘Miami Magic NEW 0.95L / 615g’ product offered by DPS is an increased risk nitrous oxide product.  It is a large canister, rather than the more well known 8.5g whip cream chargers (nangs).

  67. The 8.5g whip cream chargers are approximately ‘1 hit’ meaning the ‘Miami Magic NEW 0.95L / 615g’ packs approximately 72 ‘doses.

  68. Selling such large quantities of nitrous oxide in an ‘easy to use’ canister indeed means harm from overconsumption is likely, excess nitrous oxide consumption can lead to hypoxia (lack of oxygen provided to the brain).

  69. As stated in the attached letters, an even greater risk is perhaps acute injuries as nitrous oxide acts as an anesthetic and temporarily disrupts motor control, making injury from falls or otherwise a concern.

  70. SSDP does not believe that the sale of nitrous oxide itself is to blame here and does not think the prohibition of nitrous oxide would solve these issues. Instead SSDP believes adequate sensible regulated policy and would prevent the actions of predatory and opportunistic suppliers such as DPS and reduce the risk similar businesses attempting to exploit the current inadequate policy by unsafely and irresponsibly marketing and supplying these products to vulnerable communities.

 

Ngā mihi nui / Kind regards

Max Phillips

President

Students for Sensible Drug Policy Ōtepoti-Dunedin


[2] Riordan, B. C., Scarf, D., & Conner, T. S. (2015). Is orientation week a gateway to persistent alcohol use in university students? A preliminary investigation. Journal of Studies on Alcohol and Drugs, 76(2), 204-211.

[3] Crossin, R., Cleland, L., Wilkins, C., Rychert, M., Adamson, S., Potiki, T., ... & Boden, J. (2023). The New Zealand drug harms ranking study: A multi-criteria decision analysis. Journal of Psychopharmacology, 02698811231182012.

[6] Cheng, H. M., Park, J. H., & Hernstadt, D. (2013). Subacute combined degeneration of the spinal cord following recreational nitrous oxide use. Case Reports, 2013, bcr2012008509.

[7] Keddie, S., Adams, A., Kelso, A. R., Turner, B., Schmierer, K., Gnanapavan, S., ... & Noyce, A. J. (2018). No laughing matter: subacute degeneration of the spinal cord due to nitrous oxide inhalation. Journal of neurology, 265, 1089-1095.

[8] van Amsterdam, J. G., Nabben, T., & van den Brink, W. (2022). Increasing recreational nitrous oxide use: Should we worry? A narrative review. Journal of Psychopharmacology, 36(8), 943-950.

[9] The flyer is attached to the end of the letters sent to payment providers, accompanying this media comment.

[12] Crossin, R., Cleland, L., Wilkins, C., Rychert, M., Adamson, S., Potiki, T., ... & Boden, J. (2023). The New Zealand drug harms ranking study: A multi-criteria decision analysis. Journal of Psychopharmacology, 02698811231182012.



 
 
 

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