The Therapeutic Goods Administration (TGA) recently updated its review of proposed reforms to the regulation of nicotine vaping products in Australia. The review focused on changes to border controls for nicotine vaping products, minimum quality and safety standards, and categorising nicotine vaping products as therapeutic goods. The TGA reported that the federal government is now “actively considering” its advice.
This article explores the TGA review, the consultation responses, and the unresolved issues surrounding the regulation of nicotine vaping products. It also calls for greater enforcement and regulatory reform action to restrict nicotine vaping products to a prescription pathway and end the current illegal retail sales in Australia.
The Consultation Responses
The TGA received almost 4,000 submissions on the review, primarily from two viewpoints. The majority of public health stakeholders called for stronger border controls, while those aligned with commercial interests wanted nicotine e-cigarettes to be sold legally over the counter.
The TGA noted a large number of “campaign responses” from the general public calling for vaporiser nicotine to be removed from the poisons standard. This tactic is often used by the tobacco industry and its retailer allies, purporting to represent the community’s voice when they represent commercial entities' interests.
Although state and territory government health and education agencies unanimously called for tighter border controls, there were varied views on how this could be achieved. Some proposed the introduction of an import permit, while others suggested amending customs regulations administered by the Department of Home Affairs. Independent health groups supported customs seizures, which would end illegal retail sales and ensure all vaping products, regardless of claimed nicotine content, are only accessed through the prescription pathway.
Unresolved Issues
The proliferation of non-nicotine vaping products, many of which contain nicotine when tested, is disrupting enforcement efforts to make nicotine vaping products prescription-only. State and territory governments must end illegal retail sales in their respective jurisdictions and ensure all vaping products are only accessed through the prescription pathway.
It’s time for greater enforcement and regulatory reform action to address the availability of all e-cigarettes, including nicotine and non-nicotine containing devices. Queensland’s parliament recently conducted another inquiry into e-cigarettes, but action is needed instead of deferral to “working groups,” “consultations,” and “inquiries.”
What Happens Next?
The federal government is now “actively considering” the TGA’s advice, and it is time for them to prioritise greater enforcement and regulatory reform action. If the response to the TGA review turns out to be an import permit instead of prohibiting imports, it must be backed with effective enforcement.
Without enforcement, retailers will continue to flout federal laws, and more people will be at risk of nicotine addiction and health harms on an industrial scale. E-cigarettes are harmful to health, and non-smoking users have a three-fold risk of smoking uptake. The largest user groups are young adults aged under 25, and teenagers, and few people are successfully using e-cigarettes to quit smoking.
Conclusion
The TGA review strengthens the case for much tighter vape restrictions at the border. Australian governments must take action to restrict nicotine vaping products to a prescription pathway, seize all imported vaping products not destined for a pharmacy, and extend the current restrictions and enforcement to all vaping products.
FAQs
- Why are tighter vape restrictions necessary?
Tighter vape restrictions are necessary to ensure nicotine vaping products are available only to people using them to try to quit smoking, and to end the current illegal retail sales in Australia.
- What are the harms of vaping?
E-cigarettes are harmful to health, and non-smoking users have a three-fold risk of smoking uptake. The largest user groups are young adults aged under 25, and teenagers, and few people are successfully using e-cigarettes to quit smoking.
- What is the current status of nicotine vaping products in Australia?
Nicotine vaping products are only accessible through a prescription pathway in Australia. However, illicit sales of nicotine vaping products are occurring on a growing scale, with hundreds of retail outlets selling nicotine e-cigarettes in blatant breach of public health laws.
- What do the consultation responses tell us about the regulation of nicotine vaping products?
The consultation responses primarily reflect two viewpoints. Public health stakeholders, including non-government organizations and state and territory government health and education agencies, called for stronger border controls. Meanwhile, those aligned with commercial interests wanted nicotine e-cigarettes to be sold legally over the counter.
- What needs to happen next to address the regulation of nicotine vaping products?
The federal government needs to prioritise greater enforcement and regulatory reform action to restrict nicotine vaping products to a prescription pathway and end the current illegal retail sales in Australia.