The infamous new vape laws set for Australia will take effect on October 1st, with changes to local vape regulations having been set incrementally throughout the year. Disposable vapes, both nicotine and non-nicotine containing, have been banned since January 2024, and cannot be purchased or imported, even with a prescription. While as of March 2024, imports of all vaping products, including reusable devices, are prohibited unless one has obtained an import license. The personal importation scheme will end, and travelers can only bring limited vapes for medical purposes.
Importing vapes without proper authorization can result in fines up to $93,900 for individuals, or even higher under the Customs Act with penalties reaching $275,000 and up to five years in prison for severe offenses. Vaping itself is not criminalized, but therapeutic vapes with nicotine under 20mg/mL will be available only from pharmacies without a prescription for adults starting in October. There are strict restrictions on vaping in smoke-free areas, with fines of $300 for violations.
Meanwhile, despite the obvious concerns about these restrictions affecting former smokers using the products for smoking cessation, doubts have been raised about the government’s ability to actually enforce them anyway. A review found weak enforcement of existing vaping laws in New South Wales, where despite 12 prosecutions, many businesses continued to sell illegal vapes even after warnings, seizures, or convictions, highlighting challenges in regulating the growing market.
Vaping Post asked Australian smoking cessation expert Dr. Colin Mendelsohn how Australian authorities explain the logic behind vapes being so restricted when cigarettes are still so widely available. He said that authorities claim they are ensuring history does not repeat itself. “The availability of deadly cigarettes but the ban on vapes is often raised. But opponents simply say that when cigarettes were introduced we didn’t know how harmful they were and they proved deadly, and we don’t want to make the same mistake again,” he said.
The expert added that of course, given the different times and advanced research methods available, this argument simply does not hold. “Of course we know a lot more about vaping with modern laboratory testing and toxicology and have a good understanding of risk. We know they are very low risk, help smokers quit and save lives, so it is not a science-based argument.”
The AMA Tasmania spews dangerous misinformation
The association goes on to make several other shockingly inaccurate statements about vaping. Mendelsohn alongside other experts in the field, argued that the AMA’s stance on vaping is outdated, factually inaccurate, and harmful to public health. They call on the organization to recognize the scientific evidence supporting vaping as a harm reduction tool and to engage in evidence-based dialogue instead of spreading misinformation.
Meanwhile new vaping restrictions in Tasmania “aimed at addressing a growing public health crisis, especially among young people,” include making vapes available only through pharmacies and under medical supervision, so as to ensure they are used solely for nicotine cessation. An article shared by Dr. Mendelsohn clearly indicated that Tasmania is one of Australia’s lowest performing states in terms of wealth distribution “with incomes 26% below the national income and wealth average.” Taking in consideration the high local prices of cigarettes and unavailability of vaping products, this likely means an explosion in the local vape black market, as witnessed in Australia.
Presenting similar arguments, the Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA) has strongly criticized the New Zealand government’s proposed ban on closed vaping systems, arguing that it will undermine years of progress in tobacco harm reduction and potentially push former smokers back to cigarettes. CAPHRA’s submission warns that the ban would create unnecessary barriers for adults seeking to quit smoking, making it harder for them to access safer vaping products.
A call for balanced and evidence-based policies
New Zealand’s ban on closed systems disproportionately affects older adults and people with dexterity issues who rely on simpler, user-friendly closed vaping devices. While further restrictions on displaying vape products in retail shops may discourage smokers from switching to vaping, a less harmful alternative. The focus should be on addressing social supply to youth rather than imposing stricter display rules, highlights CAPHRA.
Moreover, limiting vape flavours could hinder successful smoking cessation efforts, as flavours play a crucial role in helping smokers transition away from combustible tobacco. CAPHRA’s Executive Coordinator Nancy Loucas, stressed the importance of allowing consumers to make informed choices about their health, arguing that the amendment would restrict consumer autonomy and weaken harm reduction initiatives. She also pointed out that even New Zealand’s Ministry of Health considers existing regulations adequate, and the ASH Year 10 survey shows a decline in youth vaping since its peak.
Tobacco harm reduction and smoking cessation experts are calling on these Australasian countries to set evidence-based policies. They call for balanced approaches, focusing on education, clear risk communication, and transparent information about vaping to counter misinformation. Australia, Tasmania and New Zealand should reconsider harmful approaches based on prohibition, and instead prioritize enforcement, education, and evidence-based policies that support tobacco harm reduction and public health objectives.
