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No more recreational vaping for Australians. From October, vapes will be sold over the counter at pharmacies


By Becky Freeman*, University of Sydney
Wednesday, 26 June, 2024


No more recreational vaping for Australians. From October, vapes will be sold over the counter at pharmacies

No more recreational vaping for Australians. From October, vapes will be sold over the counter at聽pharmacies

The Australian Senate is that will see the end of all vape sales 鈥 regardless of nicotine content 鈥 from general retailers. From July 1, non-nicotine vapes will no longer be permitted for sale outside of pharmacies.

But late amendments to the bill, , change how people will be able to access vapes in the future. When the bill is passed 鈥 and for the first three months 鈥 people will need a prescription from a medical practitioner to access vapes from their local pharmacy.

Then, from October 1 2024, people who wish to use a vape for therapeutic purposes will no longer require a prescription. Instead, they will be able to directly purchase a vape from a pharmacy. Vaping products will be kept behind the counter and only available for purchase with identification to show users are aged over 18.

Vapes sold in pharmacies will be subject to quality and product standards including plain packaging, maximum nicotine concentration levels, and will continue to only be available in mint/menthol and tobacco favours.

It鈥檚 disappointing the prescription requirement is being removed. This weakens control of a highly addictive and unsafe product.

The bill and was based on evidence and research showing that preventing easy access to vapes is essential to protecting the health of young people.

At the same time, the amended bill is a clear improvement on the current situation, where vapes retailers have saturated communities, .

Still, this uniquely Australian approach to regulating vaping is a world first. The clear message is that vaping products cannot be sold as a consumer good for recreational purposes. Instead, they are a tightly regulated therapeutic product available only under strict conditions.

The law does not criminalise individual vape users, but instead includes heavy penalties for sellers of illegal vapes. Any retailer found to be illegally selling vapes from July 1 will be heavily fined and could face jail time.

Haven鈥檛 vape laws already changed?

Vape reform has already been underway. Since March 2024, the federal government has of all non-therapeutic vapes into Australia.

People wanting to use nicotine vapes (either to quit smoking or for nicotine addiction) have been able to access therapeutic vapes through pharmacies, with a prescription from a health-care professional, in .

However, the retail sale of all 鈥渘on-nicotine鈥 flavoured vapes has remained legal. This has meant petrol stations, convenience stores and vape shops could simply claim they sold 鈥渘on-nicotine鈥 vapes.

This longstanding loophole in vaping regulation to inexpensive, flavoured, disposable vapes with high nicotine concentrations. between nicotine and non-nicotine vapes requires extensive and expensive lab testing and proved to be unworkable.

The loophole has fuelled the dramatic rise in young people vaping. In 2019, only 9.6% of people aged 14鈥17 in Australia had ever used vapes. This by 2022鈥23, to 28%.

It has also meant the proliferation of shops openly selling illegal vaping products all across Australia. The large amount of vaping products brought into Australia before the importation regulations were implemented means these illegal sales could could continue for years.

Image credit: iStock.com/AleksandrYu

What next?

Some proponents of vaping have argued that all vapes, including those with nicotine, should be sold 鈥渏ust like tobacco products鈥.

However, the amended bill has not . Vapes that contain nicotine have never actually been legal to sell as 鈥渃onsumer goods鈥 in general retail shops such as convenience stores, petrol stations and tobacconists. Nicotine is , which means manufacturers can鈥檛 simply add nicotine to consumer products such as sweets, soft drinks or mints, and then sell them in shops.

Making vapes available as a consumer good would be a wholesale change in how Australia regulates dangerous and addictive poisons such as nicotine.

Despite the heralded success of tobacco control, . Imagine if, in the 1950s when research confirmed smoking was both deadly and addictive, regulators had decided instead to pull the product from the shelves?

We now have an opportunity to prevent a whole new generation from becoming addicted to nicotine. Going forward, it鈥檚 crucial the amended legislation is paired with effective monitoring and enforcement to ensure it protects young people.The Conversation

, Associate Professor, School of Public Health,

Becky Freeman is an Expert Advisor to the Cancer Council Tobacco Issues Committee and a member of the Cancer Institute Vaping Communications Advisory Panel. These are unpaid roles. She has received relevant competitive grants that include a focus on e-cigarettes/vaping from the NHMRC, MRFF, NSW Health, the Ian Potter Foundation, VicHealth, and Healthway WA; relevant research contracts from the Cancer Institute NSW and the Cancer Council NSW; relevant personal/consulting fees from the World Health Organization, the Hong Kong Special Administrative Region Department of Health, BMJ Tobacco Control, the Heart Foundation NSW, the US FDA, the NHMRC e-cigarette working committee, NSW Health, and Cancer Council NSW; and relevant travel expenses from the Oceania Tobacco Control Conference and the Australia Public Health Association preventive health conference.

This article is republished from under a Creative Commons license. Read the .

Image credit: iStock.com/smartboy10

Originally published

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