The Australian Senate is on the verge of passing a landmark bill that will prohibit the sale of all vape products from general retailers, regardless of their nicotine content. Starting July 1, non-nicotine vapes will only be available in pharmacies.
Thanks to late amendments pushed by the Greens, the bill has changed how people can access vapes in the future. Initially, for the first three months after the bill is passed, individuals will need a prescription from a medical practitioner to purchase vapes from pharmacies.
However, beginning October 1, 2024, the requirement for a prescription will be lifted for those using vapes for therapeutic purposes. Instead, vapes can be purchased directly from pharmacies, but they will be kept behind the counter and only sold to individuals over 18 with proper identification.
Pharmacies will sell vaping products under strict quality and product standards, including plain packaging and controlled nicotine concentration levels. These products will only be available in mint/menthol and tobacco flavours.
It’s unfortunate that the prescription requirement is being removed, as this reduces control over a highly addictive and unsafe product. The bill had strong support from the public health sector, based on evidence showing that limiting easy access to vapes is crucial for protecting young people’s health.
Despite this, the amended bill significantly improves the current situation, where vape retailers have inundated communities, including areas near schools.
Australia’s approach to vaping regulation is groundbreaking. It makes it clear that vaping products cannot be sold as consumer goods for recreational use. Instead, they are tightly regulated therapeutic products that are available only under strict conditions.
The law targets sellers of illegal vapes with heavy penalties, including fines and potential jail time. This reform has been underway since March 2024, when the federal government banned the importation of all non-therapeutic vapes into Australia.
Currently, those seeking nicotine vapes to quit smoking or for nicotine addiction can access them through pharmacies with a prescription. However, the sale of “non-nicotine” flavoured vapes has remained legal, allowing petrol stations, convenience stores, and vape shops to claim they sold “non-nicotine” vapes.
This loophole has enabled teens to easily access inexpensive, flavoured, disposable vapes with high nicotine concentrations, contributing to a sharp increase in youth vaping. In 2019, only 9.6% of Australians aged 14–17 had ever used vapes. By 2022–23, this number had nearly tripled to 28%.
Additionally, the loophole has led to the proliferation of shops selling illegal vaping products across Australia. Even with new importation regulations, the abundance of pre-existing stock means illegal sales could continue for years.
Some vaping proponents argue that all vapes, including those with nicotine, should be sold like tobacco products. However, the amended bill has resisted this industry pressure. Nicotine has never been legally sold as a consumer good in general retail shops because it is classified as a scheduled poison.
Allowing vapes to be sold as consumer goods would represent a drastic change in how Australia regulates dangerous and addictive substances like nicotine. Despite significant progress in tobacco control, smoking still kills 20,500 Australians each year.
Imagine if, in the 1950s, when research confirmed smoking was deadly and addictive, regulators had decided to remove the product from shelves. We now have the opportunity to prevent a new generation from becoming addicted to nicotine. Moving forward, the amended legislation must be paired with effective monitoring and enforcement to protect young people.
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