Sellers of illegal vapes say they will continue to sell black market goods

Sellers of illegal vapes aren’t worried about the looming federal crackdown on the industry, as police don’t consider enforcing on the industry as a priority.

Vape retailers say they will continue to sell illegal nicotine e-cigarettes despite a potential Federal government crackdown on the industry because they expect Victoria Police won’t enforce any new laws which come in.

Federal Health Minister Mark Butler this month dubbed the widespread sale of illegal nicotine vapes a “major threat to Australia’s success in tobacco control” and announced $737 million to fund measures to fight the scourge.

Both federal and state health authorities consider vaping to be a key issue.

But Victoria Police told the Sunday Herald Sun the policing of illegal vape sellers has not been a priority for the force to date, and that its officers have done little to enforce existing laws banning the sale of non-prescription nicotine vapes.

Victoria Police said cracking down on illegal vape sellers was not a priority.

All 15 sellers the Sunday Herald Sun questioned this week — including convenience stores, tobacconists and dedicated vape shops — said they expected to continue the lucrative, illegal sale of nicotine vapes despite Mr Butler’s announcement, because local authorities had such a weak history of enforcing existing laws.

“We are still going to sell the vapes, nothing has stopped us before. We never have police or the council coming in to check our shops,” one trader on Flinders St said.

“This is our bread and butter, it’s even more popular than smoking. We have our suppliers and our regular customers, the new laws won’t make a difference,” she said.

Another seller on Chapel St said illegal vapes were his shop’s “biggest seller”.

“We have all the flavours, we sell them to young people because they use them at parties,” he said.

“The government needs to be on our side and not be against us. We can’t afford to experience these losses, that’s why most shops will still sell them without a prescription.”

Under current laws in Victoria, it is illegal for any vapes — formally known as “e-cigarettes” — to be sold to anyone aged under 18 years.

While adults are free to buy and use e-cigarettes, vapes containing nicotine require a prescription.

In Victoria adults can buy and use e-cigarettes, but vapes containing nicotine require a prescription. Picture: Nicki Connolly

Local councils can conduct checks on retailers selling vapes to minors, but only police can enforce laws prohibiting the sale of nicotine vapes.

Among the challenges for police is that most vape manufacturers deliberately fail to label their products as containing nicotine, while some go so far as to falsely label their products as being “nicotine free”.

A Victoria Police spokesman said it was too early to speculate on what impact the federal government’s proposed changes to the law would have on its enforcement activities.

A state government spokesman said the rise in vaping was a real concern, especially among people under 18.

“Victoria has been pushing for a stronger national regulatory framework for several years, with a focus on the safety of young people and we welcome the Commonwealth’s announcement,” he said.

“Victorians that are concerned about the illegal sale of e-cigarettes should report it to Crimestoppers.”

A Department of Health and Aged Care spokesman said the federal government will work with states and territories to close down the sale of vapes in retail settings, ending vape sales in convenience stores and other retail settings, while also making it easier to get a prescription for legitimate therapeutic use.

“The government does not support convenience stores selling any form of prescription medicine,” he said.