Lyla Lindsey
Australia has implemented a series of laws and regulations to control the use and distribution of e-cigarettes or vapes. While the personal possession and use of vapes are not criminalised, the Australian government has banned the importation, manufacture, supply, and advertisement of disposable single-use and non-therapeutic vapes. These laws aim to address the health risks associated with vaping, particularly among young people, and curb the rise in youth vaping.
| Characteristics | Values |
|---|---|
| Are e-cigarettes banned in Australia? | No, but they are heavily regulated. |
| Date of latest legislation | June 2024 |
| What does the legislation include? | Bans on the sale of vapes outside of pharmacies. Bans on the importation, manufacture, supply, and advertisement of disposable single-use and non-therapeutic vapes. |
| Who does the legislation aim to protect? | Young people |
| What are the concerns about e-cigarettes? | They are not safe and can lead to serious health problems. |
| What are the penalties for non-compliance? | Heavy penalties and loss of license to operate. |
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What You'll Learn
E-cigarette health risks
E-cigarettes, also known as vapes, are battery-operated devices that deliver an aerosol by heating a liquid that users breathe in. While e-cigarettes are often marketed as a safer alternative to traditional cigarettes, they still pose significant health risks.
Firstly, e-cigarettes contain nicotine, a highly addictive and toxic drug. Nicotine can harm brain development in young people and impact attention, learning, memory, and mood. It is particularly dangerous for pregnant women and developing fetuses, increasing the risk of low birth weight and pre-term birth.
Secondly, the aerosol produced by e-cigarettes can contain harmful substances, including cancer-causing chemicals such as formaldehyde, acetaldehyde, and acrolein. These chemicals can be inhaled deep into the lungs and have been linked to lung disease, cardiovascular disease, acute lung injury, COPD, asthma, and lung cancer.
Thirdly, e-cigarettes have been associated with unintended injuries, including fires and explosions caused by defective batteries. Additionally, the liquid nicotine in e-cigarettes poses a poisoning risk, especially to children.
Furthermore, e-cigarettes have been shown to increase the risk of conventional cigarette uptake, particularly among non-smoking youth. This "dual use" of both e-cigarettes and regular cigarettes can result in greater exposure to toxins and worse respiratory health outcomes.
Finally, the long-term health effects of e-cigarettes are still not fully understood, and scientists are continuing to study their immediate and long-term impacts.
In Australia, recognizing these health risks, the government has implemented various measures to regulate e-cigarettes. These include banning the importation and sale of disposable vapes, restricting the importation of rechargeable vapes, and allowing the sale of therapeutic vapes only in pharmacies. These regulations aim to protect young people from the harmful effects of e-cigarettes and reduce the overall prevalence of vaping.
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Vaping among Australian youth
Vaping is becoming increasingly common in Australia, with 19.8% of people aged 14 and over reporting that they have used an e-cigarette at least once in their lifetime. The number of people in this age bracket who reported vaping in the past year increased from 2.5% in 2019 to 7% in 2022-2023. Teen use in the past year has also increased significantly, from 1.8% in 2019 to 9.7% in 2022-23, with girls more likely to vape than boys. An Australian schools survey found that 12.9% of 12-15-year-olds had vaped in the last month, and 22.1% of 16-17-year-olds.
There are several factors that influence youth vaping in Australia. One study found that the affordability and ease of access to vapes, both via social and commercial channels, were significant enablers of e-cigarette use among young people. This is particularly concerning given that e-cigarettes containing nicotine should only be accessible with a prescription from a medical practitioner in Australia. Other enablers of e-cigarette use among young people include specific design features of vapes, such as the pleasant taste and smell, and the convenience of a small, easily hidden, battery-powered product.
The Australian government has implemented several measures to address the growing concern around youth vaping. From March 2024, there is a ban on the importation of all vapes (with and without nicotine) without an import licence and permit. There are also specific product requirements for imported vapes, with flavours limited to mint, menthol, or tobacco. Therapeutic vapes, which are for someone quitting smoking or managing a nicotine dependence, can be bought from pharmacies by people over 18 without a prescription as of October 1, 2024.
The government has also introduced legislation prohibiting the sale of all vapes outside of pharmacies, aiming to curb the rise in youth vaping. These laws came into full effect in October 2024 and require adolescents under 18 to have a prescription to access vapes. Early indicators suggest that these regulations are having a positive impact on reducing adolescent vaping, with an increase in the proportion of 'never-vapers' and a decline in vape purchases among adolescents.
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Vape importation laws
Australia has implemented a series of laws and regulations to control the importation, manufacture, and supply of vapes. These laws aim to protect public health, particularly that of young people, and to curb the rise in youth vaping.
From January 1, 2024, the Australian Government banned the importation of disposable vapes without a licence and permit issued by the Office of Drug Control (ODC). This includes vapes with and without nicotine. Only businesses are eligible to obtain import licences and permits for vaping goods. From March 1, 2024, the import of all vaping goods, including rechargeables, devices, accessories, and substances, required a licence and permit. Travellers entering Australia can only bring a maximum of two disposable vapes, and from March 1, 2024, only a small quantity of vapes, for personal use.
The Public Health (Tobacco and Other Products) Act 2023, which came into effect on April 1, 2024, applies the same bans on tobacco advertising and sponsorship to vapes. The advertising ban covers all media platforms, including social media, and other forms of promotion and sponsorship. The ban on advertising does not apply when specifically authorized.
The laws also require that therapeutic vapes, which are for smoking cessation or managing nicotine dependence, can only be sold in pharmacies. These vapes are available without a prescription to people over 18, although a prescription is required for those under 18 or for higher nicotine concentrations. The domestic manufacture, commercial possession, and sale of non-therapeutic vapes and disposable vapes are banned, regardless of nicotine content.
The Australian government is committed to supporting people in quitting smoking and vaping. The National Tobacco Strategy 2023-2030 has been developed with input from various stakeholders and is endorsed by all Australian governments. The strategy includes priorities for e-cigarette control and regulatory measures to support reforms.
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Vape advertising restrictions
Vaping and e-cigarettes are not considered safe in Australia, with health concerns being one of the primary reasons for the country's strict regulations on their use and advertising. The Public Health (Tobacco and Other Products) Act 2023, which came into effect on 1 April 2024, extended the bans that apply to tobacco advertising and sponsorship to vapes.
The Therapeutic Goods Administration (TGA) regulates the advertising of therapeutic goods, including prescription medicines, in Australia. As nicotine vaping products are classified as prescription medicines, their advertising to consumers is generally prohibited. However, pharmacies dispensing nicotine vaping products on prescription may, under specific circumstances, promote to those wishing to fill their prescription that they hold stock. This must be done without risking a breach of the prohibition on advertising prescription medicines under the Therapeutic Goods Act 1989.
Advertisers must ensure that their content does not persuade consumers to seek out nicotine vaping products. This includes the use of promotional terms or language that discusses the benefits without highlighting the risks or limitations. Additionally, references to nicotine vaping products, including images, that are likely to draw a consumer's mind to such products, are not permitted.
The Australian government has also introduced laws banning the importation of disposable vapes, effective from 1 January 2024. This includes vapes with and without nicotine. From March 1, 2024, further requirements were implemented, including a ban on the importation of all vapes without an import license and permit.
While the Australian government has taken steps to restrict vape advertising, experts have criticised the lack of enforcement by social media platforms, which has led to concerns about the effectiveness of these regulations in the online sphere.
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Vape availability and sales
The Australian government has implemented a series of reforms to regulate the availability and sale of vapes, with the primary focus of protecting young people from the health risks posed by vaping.
Importation
From 1 January 2024, the importation of disposable vapes was banned, regardless of their nicotine content or therapeutic claims. This was followed by a ban on the importation of all non-therapeutic vapes from 1 March 2024. As of 1 July 2024, the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 prohibits the importation, domestic manufacture, supply, commercial possession, and advertisement of disposable single-use and non-therapeutic vapes.
Retail Sales
The sale of vapes outside of pharmacies is prohibited as of June 2024, with the law coming into full effect in October 2024. This includes all vapes, regardless of whether they contain nicotine or not. To purchase a vape from a pharmacy, individuals must be 18 years or older and present valid identification. However, there are questions about the enforcement of this ban and the potential for a black market to emerge.
Therapeutic Vapes
Therapeutic vapes, which are used for smoking cessation and the management of nicotine dependence, are still available from pharmacies. However, a prescription may be required in certain instances, such as for patients under 18 years of age or those requiring a higher nicotine concentration. Pharmacists are not compelled to stock or supply therapeutic vapes, even with a prescription.
Advertising
A strengthened advertising framework for vapes has been introduced, banning their advertisement across all media platforms unless specifically authorised. This includes social media and other forms of promotion and sponsorship.
Flavours
The flavours of therapeutic vapes have been restricted to unflavoured, mint, menthol, and tobacco options.
Enforcement
Organisations responsible for enforcement have been granted greater powers to investigate non-compliance, seize unlawful goods, and share information with other compliance and enforcement bodies. However, the success of these regulations will depend on the imposition of heavy penalties and the enforcement of the laws.
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Frequently asked questions
No, e-cigarettes are not banned in Australia. However, as of July 1, 2024, new laws were introduced to regulate the sale and use of e-cigarettes.
E-cigarettes can only be purchased from pharmacies by people over the age of 18.
No, a prescription is not required to buy e-cigarettes in Australia. However, a consultation with a pharmacist is necessary to ensure that vaping is an appropriate treatment option.
E-cigarettes are regulated in Australia due to the health risks associated with their use, particularly among young people. The government aims to reduce the widespread availability of e-cigarettes and protect public health.
The importation of disposable vapes to Australia has been banned since January 1, 2024. From March 1, 2024, the importation of all non-therapeutic vapes was also prohibited.
