Health executives allege oversight in new Victorian vaping laws will result in black market boom

Health executives have slammed Victoria’s new vaping laws as “unworkable”, alleging the government failed to consider an oversight in the reforms that could make way for illegal sales.

Australian vapers will be driven to the black market because pharmacies are banned from selling e-cigarettes online, the opposition says.

New laws that came into effect last week have enabled therapeutic vaping products to be made available for adults to purchase from behind the pharmacy counter.

However, buyers are required to show photo ID for age verification and have an in-person conversation with the pharmacist about the health harms first.

The changes mean the only lawful way to buy a vape is through a pharmacy.

The opposition has slammed new vaping regulations as ‘unworkable’, saying they will drive vape users to the black market. Picture: Ezequiel Bacerra, AFP

But with some major chains refusing to stock the products, there are concerns people including those in regional areas will not have access because the products are also banned for online purchase.

Federal Opposition health spokeswoman, Anne Ruston, said this was just another example of how the government’s pharmacy-only model was “an unworkable policy”.

“We are really concerned that this mess will only drive more Australians to the black market, which is already thriving under Labor,” Senator Ruston said.

“The government made this change without any consultation with Australia’s pharmacists or consideration for how it could actually be implemented on the ground.

“All these reforms do is double down on a prohibition model, without adequate enforcement, which is plainly not working.”

Under new laws, vapes are still available for purchase without a prescription from chemists, but cannot be ordered online. Picture: Dylan Robinson

Pharmacy Guild of Victoria president Anthony Tassone said it did not support the over the counter supply of nicotine containing vapes while they remain unapproved, and not included in the Australian Register of Therapeutic Goods, due to not being assessed for their quality, safety and efficacy.

Mr Tassone said pharmacies including Priceline, Terry White Chemmart, Blooms the Chemist, Pharmacy 777 and National Pharmacies had indicated that they did not support the sale without a doctor’s prescription and did not intent to stock the products.

“There are other proven, safe and effective treatments to help patients quit smoking that they can ask their doctor or pharmacist to find out more,” Mr Tassone said.

Vapes available for purchase at pharmacies have plain packaging, have a nicotine concentration of 20 mg/ml or less.

Flavours will also be restricted to tobacco, menthol and mint.

Health Minister Mark Butler says the reforms aim to help people quit smoking, manage nicotine dependence, and protect Australian kids from the harms.