Government’s plan to tackle illegal vapes has gone up in smoke

Only 21 people or businesses have been charged with illegally selling vapes to kids in NSW, while only 32 prosecutions have been launched over illegal tobacco sales over the past five years.

Only 21 people or businesses have been charged with illegally selling vapes to kids in NSW, while only 32 prosecutions have been launched over illegal tobacco sales over the past five years.

New data has revealed that authorities have failed to make a dent in busting black market vape and tobacco sales, despite the illicit industries being worth billions of dollars.

It comes amid an increasing push in the federal Coalition for the vaping industry to be regulated and taxed to curb the illegal sale of vapes and the tobacco black market.

The sale of illegal tobacco cost the economy $4.2 billion last year alone, according to a report by auditor FTI consulting.

However, from 2022 to the end of last month, just 14 prosecutions in relation to illegal tobacco were launched, according to answers provided to state parliament.

Australian Border Force officers inspecting a shipment of vapes suspected of containing nicotine. Picture: Sam Ruttyn

There were just 11 prosecutions launched in 2021-22.

The data, provided on behalf of Police Minister Yasmin Catley, was in answer to a series of questions from Legalise Cannabis MP Jeremy Buckingham.

According to some estimates, the illegal vape industry is worth more than $1 billion.

Mr Buckingham asked how many prosecutions had been launched in relation to vaping, but was told that information “is not available”.

But from 2022 to the end of October this year, only 13 people or corporations had been charged with illegally selling a vape to a minor.

“The Government’s failure to regulate cigarettes and vapes effectively has created an out-of-control black market that is harming our communities and targeting kids,” Legalise Vaping Australia Campaign Director Brian Marlow said.

Mr Marlow blamed the booming tobacco black market tobacco on an increases to tobacco excise.

Vapes containing nicotine are illegal without a prescription. Picture: Sam Ruttyn

Nicotine e-liquid can currently be imported for personal use. Picture: Sam Ruttyn

“To dry up the black market demand, Labor must fix its failed tobacco policy and strictly regulate vapes as an adult-only product sold by licensed retailers,” he said.

It comes after Police Federation of Australia CEO Scott Weber called for tobacco retailers to be licensed to make enforcement easier.

Earlier this month, he slammed the Albanese government as having “no overall strategy” to tackle black market tobacco sales.

He told a senate inquiry that policing illegal tobacco is “not a major priority” for officers because the process is too difficult.

Legalise Cannabis MP Jeremy Buckingham said the failure to target illegal tobacco is an “appalling double standard”. AAP Image/

“It’s hard to confiscate the tobacco and to proceed through the courts,” he said.

Coalition MPs are increasingly speaking out against Health Minister Mark Butler’s plan to ban disposable vapes entirely.

The Daily Telegraph can reveal Herbert MP Phillip Thompson spoke out against the government’s ban in a Coalition party room meeting last week.

In an email to colleagues, he called for vaping to be “controlled and regulated” similar to tobacco.

“Labor’s plan to ban something that is already banned is stupid and won’t work,” he said.

Last month the Telegraph revealed that NSW Health only employs seven people to inspect convenience stores to crackdown on illegal vapes.

NSW Police officers are largely powerless to inspect shops to check if they are breaking the law, but rely on tip offs from NSW Health to launch investigations.

Mr Buckingham said it was an “appalling double standard” to criminalise “minor cannabis possession” while “doing next to nothing about criminal gangs importing and profiteering from unregulated tobacco”.