Calls for tougher penalties for NSW retailers to curb rising rates of youth vaping

Experts are calling for a crackdown on retailers who are profiting off illegal vape sales thanks to a glaring loophole in state laws.

Retailers are still taking advantage of a loophole to boost illicit vape sales despite a federal crackdown on illegal vaping, a state health inquiry has been told.

Peak health groups and experts have urged the NSW government to toughen up penalties on vaping suppliers and sellers to help curb rising rates of nicotine addiction across the state.

Associate Professor Becky Freeman from the University of Sydney told a committee hearing on Friday that retailers are continuing to openly sell illegal vapes in stores due to the “ridiculous” loophole of allowing non-nicotine vapes to be sold as a consumer good in NSW.

She said the majority of non-nicotine vapes being sold by retailers contained nicotine and were being obtained easily by young people who were then becoming addicted to it.

“These same retailers who are crying foul about a black market are selling in an ‘open season market’, illegal goods. You almost have to laugh at the brazenness of it,” Professor Freeman said.

“On my walk here from Martin Place I must have passed at least six shops just openly selling vapes as if they were the lollies and the sweets and the ice creams that are available in the stores.

“This is against the law and it’s blatantly happening.”

A Cancer Council vape study found one-third of NSW teenagers had vaped at least once. Picture: Justin Lloyd

Under the federal government’s crackdown on vaping in January, access to vapes for therapeutic purposes requires a prescription from a nurse practitioner.

It is illegal in NSW to sell nicotine vapes without a prescription to anyone under the age of 18 and fines of up to $110,000 apply.

Shopfronts caught selling nicotine vapes face fines up to $1650 per offence, and/or up to six months in jail, under state laws.

If a person is found using a vaping device in an area designated as a non-smoking area they can face on-the-spot fines of up to $300.

The biggest deterrent for suppliers is the seizure of illegal vaping products, which they often get around by hiding products in their cars or hard-to-find areas, the inquiry was told.

Head of the Cancer Council’s Tobacco Control Unit Alecia Brooks said legislation changes were needed to ensure any penalties were line and consistent with federal laws.

“These are harmful and addictive products. They’ve been marketed to and pitched at particularly young children and there is no need for us to criminalise or penalise young children when it comes to that,” Ms Brooks said.

“There has to be a role for education in this piece as well and to support young people through an addiction around these products.

“At the moment our penalties for suppliers are quite low and they need to be brought in line with the proposed federal penalties and that will crack down and serve as a deterrent.”

Originally published as Calls for tougher penalties for NSW retailers to curb rising rates of youth vaping