Vape flavours and packaging will be tightly restricted, and until October 2024 adults will need a prescription to get their nicotine hit.
Australia has become the first country to restrict the sale of vaping products to pharmacies.
The new legislation came into affect on 1st July. It bans the sale, supply, manufacture, importation and commercial possession of non therapeutic devices and disposables.
In addition to this, vape flavours are now limited to menthol, mint, or tobacco. Packaging must also be plain and the nicotine strength of products will be restricted to 20mg or less.
The Government have restricted flavours in the hope vaping will become less desirable to children. However many studies state this could greatly effect former smokers who use vaping as a cessation tool.
A 2021 study by Oxford University Press found vape flavours play a vital role in many smokers quitting journeys. The research was conducted in Australia, Canada, England, and the United States and found those you use sweet flavours were more likely to quit smoking. Compared to those who use tobacco flavoured products (1).
This highlights how flavours play a crucial role in many smokers’ quitting journeys.
On top of the flavour and packaging restrictions to purchase a device, you will need to acquire a prescription from your doctor.
However, from 1st October 2024, adults will be able to purchase vapes from pharmacies without a prescription. Under 18s will still need a prescription to purchase a kit, to ensure they receive appropriate medical advice.
Australias Growing Black Market
The 2024 restrictions follow Australia’s 2021 prohibition on importing or selling nicotine products without a prescription. However, loopholes in the law allowed recreational vaping, particularly among young people to thrive.
The overall purpose of the legislation is to reduce the number of people vaping by narrowing the supply of products within the black market.According to the Australian Association of Convenience Stores (AACS) around 120 million unregulated vapes are bought and used annually in Australia(2).
The AACS reported the country’s black market for vapes is now estimated to be worth between $4-$5 billion dollars per year (3).
Australia’s Green Party pushed for amendments to the legislation to allow adults to purchase vapes without a prescription. This comes into place on October 1st 2024 with the aim to reduce the number of adults purchasing vaping products illegally.
How is the Australia Government policing the new laws?
The Australian Government has tasked federal police, border force, the Therapeutic Goods Administration, as well as health and police authorities to enforce the legislation.
To ensure the smooth introduction of the reforms the body will provide $25 million to Australian Border Force. As well as $56.9 million to the ‘Therapeutic Goods Administration’ (4).
Further to this, states and territories across Australia will see an increase in funding, enforcement and medical staff.
How are vape sellers effected?
Retailers across Australia have pushed back against new laws. They have classed the laws as unrealistic and damaging to thousands of people’s livelihoods.
Youtube Samuel Parsons known as the ‘Vaping Bogan’ has decided to permanently leave Australia to save his career.
The Vape influencer now intends to move to the UK. He believes the Australian vape ban will only strengthen the black market and questions why cigarettes are still widely in the country.
On January 1st the Australian Government banned the sale of nicotine vapes in specialised shops and convenience stores.
Following this legislation the Daily Mail Australia reported vapes were as easy to buy as a newspaper or a drink in stores across Sydney despite the ban (5).
With new legislation in place the Government now hopes to see a decline in black market growth.
What happens to those who break the law?
The new laws are targeting people and businesses selling illegal devices, not consumers.
Selling illegal devices can lead to up to 7 years in jail and $2.2m in fines. Distributors who are guilty of supplying or distributing products could be fined up to $21.9m per violation (6).
The amended laws state that personal use quantities of any form will not be subject to criminal charges. It classifies personal possession of vape products as nine vapes of any type per person.
After July 1st, individuals possessing more than the legal amount of 9 vapes have a 12 month amnesty period. During this time, the government encourages people to surrender or dispose of their vapes to avoid potential consequences.
But how many vapes constitute a commercial quantity?
Under the new laws a person who possesses 14 vape devices, 90 vape accessories, or 600ml of e-liquid, can potentially be classed as an illegal business (7).
What happens next?
Throughout the next year the Australian government are hoping to see a reduction in the black market, youth vaping, and overall use of vaping products.
To keep up to date on global laws and how they may effect you be sure to regularly check out our TECC blog.
Sources
(1). Oxford Academic. How Does the Use of Flavoured Nicotine Vaping Products Relate to Progression Toward Quitting Smoking? Findings from 2016 and 2018 ITC 4CV Surveys.
(2). Super Market News. Australia’s Illicit Vape Black Market.
(3). Vape Business. Disposable Vape Ban: Australia trade group warns Sunak of black market.
(4). Parliament of Australia. Therapeutic Goods and Other Legislation Amendment Bill 2024.
(5). Mail Online. Youtube Samuel Parsons gives update on plans to quit Australia over vaping laws.
(6). Therapeutic Goods Administration. New Vaping Laws to Commence 1st July 2024.
(7). Therapeutic Goods Administration. Vapes: information for patients and consumers.
