Australia’s first crackdown on vaping could push more people to smoke tobacco or use black market vapes, a Department of Health analysis has warned.
New legislation introduced from January 1 bans the sale of nicotine vapors in specialist retailers and convenience stores.
Now Australians will have to get a prescription from their GP to buy a vape from a pharmacy.
However, this is estimated to require almost a million GP appointments for 450,000 Australians, at a time when the medical industry is suffering from a lack of doctors and bulk billing services.
Australia’s first crackdown on vaping could push more people to smoke tobacco or use black market vapes, a Department of Health analysis has warned
The report also warns that there may also be shortages of medical vape suppliers to fill the void.
“If access to nicotine-containing vapors were to be significantly restricted, there is a risk that Australians addicted to nicotine would seek alternative products to satisfy their cravings, such as tobacco,” the report said.
‘Fears that additional regulation could fuel growth in the nicotine vapor black market must also be recognised.
‘This is a legitimate risk as stricter regulations will often increase the risk of selling on the black market.’
Health Minister Mark Butler warned companies still selling illegal vapes last week that they will have to find another way to make money, but refused to explain how he was going to stop the booming illegal trade.
Daily Mail Australia proved that the trade in the now illegal vapes continues openly across Australia, despite its import ban on disposable vapes coming into effect.
At least 20 independent and chain stores sell illegal nicotine vapes, illegal cigarettes and other devices along busy King Street in the Sydney suburb of Newtown.
New legislation that came into effect from January 1 banned specialty retailers and convenience stores from selling nicotine vapes
Buying a vaporizer is as easy as buying a can of liquor or a newspaper and in many cases does not require any ID verification, as the average vaporizer costs around $25.
“The government will not let this happen,” Mr Butler told Daily Mail Australia, saying they would never regulate the devices like tobacco or alcohol.
“I’ve said to companies that make money from this business, you’re going to have to find another way to make money,” he warned.
“Vape shops are purposefully locating near schools – it’s an industry that targets their products at children.”
However, despite the harsh words, he refused to detail how they would stop the vape trade, which has increased nicotine addiction across Australia, especially among teenagers and young adults.
As of 2021, it is illegal to vape or smoke cigarettes in Australia without a prescription
Selling nicotine vapes has been illegal since 2021 under laws introduced by the previous Morrison government, but many retailers have continued to blatantly sell them illegally, with some incorrectly labeling them as nicotine-free.
In an effort to close loopholes in previous legislation and tackle the supply of vapes in convenience stores, Mr Butler introduced a nationwide ban on the import of disposable vapes on January 1.
Retailers can sell existing stock imported before January 1, as long as it is nicotine-free.
“These are the vapors that are specifically designed to get kids hooked on nicotine,” Butler said. “And unlike the previous government, we do not distinguish between non-nicotine and nicotine vapors.”
The government’s crackdown on vapes has only just begun, and further measures, including a ban on the import of all other vapes, including refillable products, will be banned from March 1, 2024.
To coincide with the changes to import regulations, a new access program has been set up to allow doctors and nurses to prescribe therapeutic vapors to help quit smoking or manage nicotine addiction.
“If the legislation is passed by Parliament later this year, the only legal way to purchase vapes therapeutically will be through a pharmacy,” Butler said.
But former federal police officer Rohan Pike said it would be extremely difficult for the Australian Border Force (ABF) to enforce the import ban on disposable vapes and says a black market will continue to flourish.
“While there is demand, there will be a black market, as it already exists,” he told Nine. ‘The unfortunate thing about it is that it is so unregulated. People are consuming these things and essentially leaving their health in the hands of organized criminals.”
No identity checks were required when Daily Mail Australia purchased illegal vape products
A national ban on the import and sale of disposable vapes came into effect on January 1
Director of lobby group Legalize Vaping Australia, Brian Marlow, said the import ban had only allowed retailers to charge customers more for vapes because of the increased risks they took to import and sell them.
He said crime gangs who import the vapes from China to sell to retailers have also been able to boost their profit margins.
“More than 90 per cent of vapes sold in Australia are on the black market,” he said.
“With over a million vapers in Australia, you’re dealing with a multi-billion dollar industry that the federal government has no real intention of legalizing.
‘We are the only country in the world with a problem this serious.
Mr Marlow said marketing restrictions, product standards, retailer licensing and heavy fines for sales to minors would help clean up the black market.
“Australia should follow the lead of New Zealand, Britain and the rest of the world when it comes to vaping laws,” he said.
“Allow and regulate the sale of high-quality vapors in the same way we regulate other adult products such as alcohol.
‘By doing this, adults will have access to safer products that don’t have sky-high nicotine levels like you see in dodgy Chinese disposables.
“It will also crush the rampant vaping black market that the government has created.”
Mr Butler pushed back on the suggestion: ‘The only groups that want to regulate and sell vaping products are the ones that stand to profit once children become addicted to nicotine – Big Tobacco and tobacco retailers.’