Vaping has become increasingly popular among young people in New Zealand, with a significant increase in school students who are vaping from 12% in 2019 to 20% in 2022. Health experts and schools are calling on the government to make vapes prescription-only or sold only at pharmacies, following Australia’s lead to curb addiction among youth. However, this move has led to a booming black market in Australia, as vapes are still easily accessible despite the legal restrictions. In this article, we will explore how Australia’s vape crackdown created a huge black market, the underlying reasons behind it, and what New Zealand can learn from it.

The State of Vaping in New Zealand

Despite the legal restrictions, vaping among young people in New Zealand continues to be a problem. A survey conducted by the Asthma and Respiratory Foundation and Secondary Principals’ Association found that 27% of young people had vaped in the last seven days. The ASH Year 10 Snapshot revealed a significant increase in school students who are vaping from 12% in 2019 to 20% in 2022.

Australia’s Vape Black Market

Vapes have been classified as a ‘prescription-only drug’ in Australia since 2021, which means that nicotine vapes can only be legally obtained by adults who have a doctor’s prescription to use vaping to quit cigarette smoking. However, despite the legal restrictions, vapes are just as easy to obtain as before, whether or not you have a prescription. Vapes are still sold at tobacco and corner stores, and they are more visible than cigarettes. The illegalisation of vapes did not seem to change anything.

The Glaring Loophole in Australia’s Vape Crackdown

Non-nicotine vapes are still legal in Australia, and this has led to retailers and manufacturers peeling off labels and repackaging nicotine vapes so that they do not say they contain nicotine. This creates a problem for enforcement officers, as they do not know which vapes contain nicotine and which ones are legal. They have to send the vapes away for testing, which takes time and slows everything down. Moreover, an ABC investigation into black market vapes found vapes that did not say they contained nicotine actually contained the highest levels of nicotine on the market, and if the levels were any higher, it would cause physical discomfort to the user.

How to Solve Australia’s Vape Black Market

The way to solve Australia’s black market is to make non-nicotine vapes prescription and pharmacy access only too. This will make it easier for enforcement officers to identify illegal vapes, and any vaping products not destined for a pharmacy can be seized at the border without the need for testing. Taiwan has recently done this and banned all E-cigarettes, including the manufacture, import, sale, supply, exhibition, advertisement, and use of e-cigarettes that contain nicotine and are non-nicotine. They have also increased penalties for violations.

Vaping Regulations Proposed for New Zealand

The government has opened a public consultation in January to update vaping regulations to combat youth vaping. Some of the government’s proposals were restricting the sales of vapes to R18 specialist vape stores, reducing the level of nicotine, and mandating plain packaging like cigarettes. However, some experts say these regulations are a “good start but don’t go nearly far enough” and want to see a minimum price for vapes be enforced that is more than $20. Disposable vapes should be banned completely, and there should be a clampdown on advertising and gamified marketing that deliberately targets children and young people.

What if These Regulations Create a Black Market in NZ?

The tobacco industry has a history of exaggerating black market arguments to try and avoid regulation. However, the black market should not be a reason not to do anything. The key is investing in the enforcement of the regulation. All vaping products must be notified to the Ministry of Health before they can be legally sold in New Zealand, and the Authority continues to investigate non-compliance among the industry and respond to complaints of vaping products being sold in New Zealand that have not been notified to the Authority. If the Authority confirms through its investigations that a product has not been notified, it educates the seller on their legal obligations under the Act and requests that they cease selling the product immediately.

Conclusion

Australia’s vape crackdown has led to a significant increase in the black market for vapes, and this could happen in New Zealand if regulations are not strictly enforced. Making non-nicotine vapes prescription and pharmacy access only and enforcing a minimum price for vapes could help combat youth vaping in New Zealand. Disposable vapes should be banned completely, and there should be a clampdown on advertising and gamified marketing that deliberately targets children and young people.

FAQs

  1. What is the state of vaping among young people in New Zealand?
  • Vaping among young people in New Zealand is a growing problem, with a significant increase in school students who are vaping from 12% in 2019 to 20% in 2022.
  1. What is the current regulation for vapes in Australia?
  • Vapes have been classified as a ‘prescription-only drug’ in Australia since 2021, which means that nicotine vapes can only be legally obtained by adults who have a doctor’s prescription to use vaping to quit cigarette smoking.
  1. Why is there a black market for vapes in Australia?
  • Non-nicotine vapes are still legal in Australia, and this has led to retailers and manufacturers peeling off labels and repackaging nicotine vapes so that they do not say they contain nicotine.
  1. What are the proposed regulations for vaping in New Zealand?
  • The government’s proposals include restricting the sales of vapes to R18 specialist vape stores, reducing the level of nicotine, and mandating plain packaging like cigarettes.
  1. How can New Zealand avoid a black market for vapes?
  • Enforcing a minimum price for vapes and making non-nicotine vapes prescription and pharmacy access only could help combat youth vaping in New Zealand, along with banning disposable vapes and clamping down on advertising and gamified marketing that deliberately targets children and young people.