Australia’s drug regulator cracking down on nicotine vapes

Businesses illegally importing, selling and advertising nicotine vapes are being fined in a bid to “halt the epidemic of e-cigarette use among young people”.

Aussies and businesses illegally importing, selling and advertising nicotine vapes have been slapped with more than $700,000 worth of fines in the past year.

New figures also show the nation’s drug regulator is facing further budget blowouts, with the cost of cracking down on the e-cigarettes expected to soar by a whopping 60 per cent compared to last year.

Peak health bodies have reignited calls for a national ban of all e-cigarette products, except for smokers with a prescription, as the number of children vaping continues to skyrocket.

Federal Health Minister Mark Butler and his state counterparts are due to hold talks about e-cigarettes this month.

“The Therapeutic Goods Administration (has) kicked off a public consultation process on nicotine vaping products,” Mr Butler said.

“We need to understand where the current regulatory framework falls short, and what action governments can take to move the dial.”

There are calls for a national ban of all e-cigarette products, except for smokers with a prescription. Picture: iStock

E-cigarettes that contain nicotine are only legal with a prescription but are readily available on the black market. Many recreational vapes also contain undeclared amounts of nicotine.

Almost 100 nicotine vape related fines, worth almost $738,000, were issued nationwide by the TGA in the 13 months to November 2022.

The majority of the offences were for alleged illegal advertising, with 10 for importing and supplying.

Two in five offences were in Victoria with six people and four businesses hit with $277,000 in fines during that period.

More than half of the infringement notices, or $426,000 worth of fines, were issued to entities in New South Wales.

But the TGA’s cost of regulating the products is estimated to soar to $5.4m this year – at least $335,000 over its budget allocation due to court proceedings.

E-cigarettes that contain nicotine are only legal with a prescription. Picture: Toby Zerna

This is up 60 per cent from the $3.4m spent in 2021-22, which was already $110,000 over budget.

A spokesman for the TGA said “widespread non-compliance” of nicotine vapes had increased the costs of compliance, litigation, policy development and administration.

Cancer Council Australia CEO, Prof Tanya Buchanan, said it was impossible for law enforcement officers to determine whether e-cigarettes contain nicotine without laboratory testing and the TGA couldn’t solve this public health crisis alone.

“The only way to halt the epidemic of e-cigarette use among young people is for all levels of government to take urgent action to immediately stop the illegal importation and retail trade of all e-cigarettes outside of the legal prescription pathway,” Prof Buchanan said.

VicHealth CEO Dr Sandro Demaio said e-cigarettes don’t belong on our shelves.

“It’s time for governments to act, before an entirely new generation becomes addicted to nicotine,” he said.

A health department spokesman said the government was concerned about the increased marketing and use of e-cigarettes, particularly among young people, and was working with jurisdictions to strengthen regulations.

Changes to advertising rules to capture e-cigarettes were announced in November.

Other reforms on the table include import, labelling and flavour controls to prevent kids getting nicotine vapes.

Australian Medical Association national president Prof Steve Robson said it was not convinced vapes were a useful tool to wean people off cigarettes.

He said: “Everything we have got should be thrown at trying to stop vulnerable kids in our communities being hooked on vapes”.