Tag: Australia

Australian Lobbists Refuse to Disclose Vape Funding

Lobby groups in Australia representing convenience and grocery stores have refused to tell a Senate inquiry how much they receive in vaping and tobacco industry funding.
The failure to disclose industry funding follows public hearings into the public health (tobacco and other products) bill earlier in November. It comes as concerns are raised about one lobby group having a parliamentary access pass, according to media reports.
If introduced, the reforms will see updated and improved graphic warnings added to tobacco packaging and included on individual cigarettes, and specific additives in tobacco and vaping products, like menthols, banned.
Neither the chief executive of the Australasian Association of Convenience Stores [AACS], Theo Foukkare, nor the chief executive of Master Grocers Australia [MGA], David Inall, disclosed the value of the funding their groups received from the vaping or tobacco industries, despite being asked to provide conflict-of-interest statements before attending.
The AACS represents convenience stores and petrol stations, while the MGA is the industry association for independent grocery and convenience stores. Both groups have corporate members, including tobacco companies, and both groups support the tobacco industry’s campaign against plain packaging reforms.
During the inquiry’s public hearings, Foukkare and Inall said proposed tobacco and vaping reforms would fuel the illicit markets, a claim rejected by health experts who gave evidence.
November 20, 2023
Doubling Down

Australia’s proposed crackdown on vaping is unlikely to achieve its objectives.
By Stefanie Rossel
As a vaper in Australia, you basically have two choices. The first option is to behave like a good citizen, go to your doctor, get a prescription and convince a pharmacist to sell it to you. The alternative is to be not so good and do what 92 percent of Australian vapers do—source your e-cigarettes on the black market. Vapes have been regulated Down Under since October 2021 but so poorly that Australian health professionals speaking at the Warsaw Global Forum on Nicotine in June apologized for the legislation.
Getting a prescription is more difficult than one might think, according to Carolyn Beaumont, an Australian general practitioner (GP) who advocates for the right of adult smokers to access vaping products. As Beaumont explained during her presentation, among the many barriers is the challenge to find a doctor who is not only familiar with vaping products but also believes in their potential as smoking cessation tools. But Australia is a huge country, where most of the population—and doctors—live along the Eastern Seaboard. In other regions, there are fewer physicians. Additionally, clinics may not be open daily, wait times are getting worse, and more GPs are charging privately. An estimated 20 percent of Australians have no regular GP; Beaumont said it could be even 35 percent.
Doctors often lack product knowledge and have an inadequate understanding of smoking, vaping and nicotine dependence. Tobacco harm reduction is not taught in Australia, according to Beaumont, and the medical guidelines are not supportive of vaping. Doctors also face an administrative barrier: They need to be registered as an authorized nicotine prescriber. However, the prevailing negative media narrative in Australia makes many GPs reluctant to register. In April 2023, the Australian Department of Health and Aged Care listed 1,963 authorized prescribers nationwide, which equals one in 20 practitioners.
Once vapers have secured a prescription, they need to find a pharmacy that sells vapes. But few establishments do so, and often, they have only limited stock. Vapes can also be ordered online and imported for personal use under the Therapeutic Goods Administration’s (TGA) personal importation scheme. With a valid prescription, Australians may legally import a three-month supply per order. “It remains illegal for other Australian retailers, such as tobacconists, vape shops and convenience stores, to sell you nicotine vaping products, even if you have a prescription,” the TGA stresses on its website.
At present, merely 8 percent of vapers have a prescription, and only 2 percent purchase from pharmacies, according to a Roy Morgain survey in February 2023.
Additional Restrictions
Colin Mendelsohn
Things are unlikely to get easier for smokers seeking less hazardous alternatives to combustible cigarettes. In May 2023, Health Minister Mark Butler announced a further crackdown on recreational vaping. He claimed that vaping had been advertised to the public as a therapeutic product meant to help smokers quit but instead spawned a new generation of nicotine users, particularly young people. At press time, details on the new rules were unavailable, but tobacco harm reduction advocates were bracing for restrictions on disposable vapes, flavor options and nicotine concentrations, along with a requirement to package vaping products in pharmaceutical-style packaging and an end to the personal importation scheme, with sales permitted only through authorized pharmacies.
Writing on his blog, professor Simon Chapman, a determined opponent of vaping, suggested that Butler might ban refillable vaporizers as well. The planned legislation will require federal authorities to seize products at the border and states to police retail sales, but so far, it has not allocated any funding to enforcement.
The proposed plan is de facto prohibition, according to Colin Mendelsohn, a former GP who has been helping smokers quit for more than 30 years. “It is a doubling down on a failed highly restrictive model that has been rejected by vapers and prescribing doctors and has created a thriving black market, which sells freely to underage users,” he says. “The history of prohibition and the war on drugs shows consistently that it does not reduce long-term illicit drug supply, and there is no reason to believe that this will be different. Bans are effective short-term political strategies but are bad public health policy. The Australian Border Force (ABF) does not have the resources or interest in intercepting vapes and is correctly more focused on dangerous illicit drugs, such as heroin, cocaine, ice, etc., or weapons.”
In an interview in May, ABF Chief Michael Outram warned that banning vapes at the border wouldn’t be enough to stamp out a rampant black market, as his organization managed to intercept barely 75 percent to 80 percent of illicit drugs making their way into Australia “on a good day.” Of the 8 million containers coming into the country each year, only 1 percent to 1.5 percent are scanned.
The proposed crackdown, cautions Mendelsohn, will likely have many unintended consequences. “Criminal networks will continue to find ways to import vapes,” he says. “This is a high-profit and low-risk crime, and it is accompanied by stand-over tactics, such as firebombing of retail outlets, gang wars and violence, and corruption of officials. The proceeds fund other, more serious criminal activities. There will be continuing sales to youth and more difficult legal access for adult smokers. Some vapers will relapse to smoking. It will be harder for current smokers to switch to vaping.”
According to Mendelsohn, the planned law will criminalize otherwise law-abiding citizens who simply want to improve their health, and cause the government to lose revenue from taxes, licensing and vape shops while shouldering increased cost of policing, enforcement, the justice system and prisons. “We will continue to see dodgy, mislabeled, unregulated products with high nicotine levels,” he says. “The harm from unregulated black market products was demonstrated during the EVALI [e-cigarette or vaping product use-associated lung injury] outbreak. There will also be higher prices, increased drug potency [and] stockpiling of nicotine e-liquids prior to the change. All legal, legitimate vape businesses will be closed. It’s a violation of the human right to access a safer alternative to smoking.”
Unsuccessful Measures
Low-income and otherwise disadvantaged people, among whom rates of smoking and smoking-related death and disease are significantly higher than in the rest of the population, will be disproportionately affected, according to Mendelsohn. “Australian research has shown that vaping may help to reduce health inequalities,” he says. “Smoking is a leading cause of financial stress in disadvantaged populations, especially at a time of sluggish wage growth, high interest rates and a high cost of living. Spending is diverted from food, clothing, etc., to smoking.”
Australia has the highest cigarette prices in the world, with a pack of 20 retailing at AUD40 ($25.60). Based on a consumption of 13 cigarettes a day, the average cost of smoking is AUD11,850 per year. Vaping, by comparison, costs AUD500 to AUD1,500 per year, depending on the device used.
“At the current high levels, further tax rises are no longer effective due to the law of diminishing returns,” says Mendelsohn. “Many addicted smokers are simply unable to quit no matter how high the price. Smoking rates in Australia have not declined over the last four years in spite of high prices, plain packaging and other tobacco control strategies.”
So where’s the consumer in all of this? Mendelsohn says that the lack of a consumer voice is a big problem. “We had a New Nicotine Alliance AU, which disbanded about five years ago. Recently, the Australian Smokefree Alternatives Consumer Association was formed but is still very quiet. Legalise Vaping is a part of the Australian Taxpayers Association and is the most active advocacy group. I believe they have had some indirect tobacco company funding in the past, but they are focused on legalizing and regulating vaping and the rights of adults to make their own choices. Overall, they do an excellent job with limited resources. All anti-vaping groups are subject to great scrutiny and are smeared and undermined by anti-vaping advocates if there is any potential opportunity.”
Ideology Instead of Science
Butler’s plan has attracted criticism from several institutions. On July 8, internal confidential e-mails sent by members of the Australian National Advisory Council on Alcohol and Other Drugs (ANACAD) expressed concerns about further restrictions, saying it would exacerbate the black market problem, criminalize more people and make smoking more attractive. On July 18, Mendelsohn and a group of more than 40 experts from Australia and New Zealand urged lawmakers to listen to the ANACAD ahead of Butler’s proposed vaping crackdown. At the time of this interview, they had not received a response to their letter.
Mendelsohn is not optimistic that Butler will change course. “Butler has committed himself to this crackdown, and there is no indication that he will soften his approach,” he says. “He is taking advice from a small group of ideologically driven tobacco control academics and health bureaucrats with extreme anti-vaping views.” According to Mendelsohn, Butler operates in a bubble and is ignoring the pro-vaping arguments. “He has refused to meet with Dr. Wodak [a fellow tobacco harm reduction proponent] and me, although we met with his adviser, who was clearly committed to a predetermined position,” says Mendelsohn. “He is under considerable pressure from Australian health charities, medical associations, public health organizations and state governments that are almost universally opposed to vaping. The media is also hostile to vaping. Any turnaround will be very difficult politically.”
Vaping policy in Australia, says Mendelsohn, is driven by ideology rather than science. “Australia’s peak health and medical research organization, the National Health and Medical Research Council (NHMRC), prepared an anti-vaping position paper on vaping. The NHMRC is very influential in guiding national health policy. The NHMRC document was critiqued in a peer-reviewed article in Addiction by leading Australian and international experts and found to be riddled with serious scientific flaws and misinformation. However, it remains unchanged.”
For sensible regulation of vaping, says Mendelsohn, Australia should look to its neighbor, New Zealand, which in August 2020 legalized and regulated vaping. “Over the next two years, there was an unprecedented 33 percent decline in the adult smoking rate among those aged 15 and over—from 13.7 percent to 9.2 percent. In Australia during the same period, the smoking rate increased by 4.5 percent. In that time, there have been no major smoke-free policy interventions, almost no mass media spend on quit campaigns and no tobacco tax increases in NZ.”
Lessons From Drug Policy
Alex Wodak
Alex Wodak, Mendelsohn’s ally in the battle for harm reduction-based legislation, is more confident that Australia will eventually change its stance on vaping. Wodak has dedicated his career to drug harm reduction and was instrumental in reforming drug law in Australia. Together with colleagues, he created the country’s first needle exchange program in 1986 and its first medically supervised injecting center in 1999. At this time, both were pre-legal.
He observes parallels with his country’s current crackdown on vaping. “The World Health Organization opposed drug harm reduction, including needle and syringe programs for a few years in the 1990s, apparently relenting to intense U.S. pressure,” says Wodak. “The default policy for communities, governments and the WHO for new drugs, new forms of drug administration and new forms of drug harm reduction is generally negative. It seems sensible to be initially cautious about changing situations regarding drugs, but we have a problem when the opposition to a new form of drug harm reduction is maintained long after the evidence of effectiveness and safety has become compelling, especially when the costs of delay are so substantial as they are with needle and syringe programs and tobacco harm reduction.
“The case in favor of vaping and other forms of tobacco harm reduction is now overwhelming. Smokers increasingly prefer to continue to use nicotine but prefer to consume it in safer ways. Many traded tobacco companies are transforming from combustible cigarettes to safer products, some faster than others, but they are changing. Investors pay higher prices for tobacco companies transforming more rapidly. Unfortunately, tobacco control, governments and the WHO are still resisting change, which now seems inevitable. This change is an enormous opportunity for public health, similar to the scale of the benefits from vaccination.”
Wodak remembers the time when harm reduction was refused in favor of an abstinence-only approach in drug policy circles. “The political debate lags behind the scientific debate,” he says. “There are many lessons from this experience. It is important to continue improving the quantity and quality of evidence. It eventually does make a difference. Being polite and respectful to harm reduction opponents matters. So does persistence. There are no shortcuts. Harm reduction involves consequentialism—that is, making an assessment of both the benefits and costs of a policy or intervention. Opposition to harm reduction often involves deontology—that is, following a set principle, such as aiming for a tobacco-free—or nicotine-free—outcome rather than a smoke-free outcome. The net effect of the policy or intervention is not a concern.”
Staying Power Needed
The current approach of the Australian government to vaping is unsustainable, Wodak emphasizes. “It is destined to collapse sooner or later,” he says. “Opponents of harm reduction are unable to justify why a far safer option is severely restricted while a deadly option remains readily available. Despite dominating politics, mainstream media and medical and health publications, 73 percent of Australians support vaping being regulated like cigarettes and alcohol while only 20 percent support prescription-only regulation of vaping.”
The new approach announced by Butler on May 1 requires legislation to be passed by the House of Representatives and the Senate. “This legislation will most likely be passed by the House of Representatives but is unlikely to be passed by the Senate,” says Wodak. “The black market currently meets 92 percent of the demand from a rapidly growing number of adult Australian vapers, now estimated to number 1.3 million. Although the government asserts it will strengthen law enforcement border efforts to reduce the number of illegal vapes entering Australia, now estimated at about 10 million per month, no additional funds have been provided for this purpose. Heroin was prohibited 70 years ago in Australia. However, in 2022, a survey of people who use drugs found that 87 percent said that obtaining heroin was ‘easy’ or ‘very easy.’ When demand for a good or service is strong and controls are easy to subvert, as is the case with vaping, other sources of supply almost invariably emerge.”
Wodak views the battle for vaping reform in Australia through the lens of drug harm reduction rather than from a perspective of tobacco control. “I have been involved in battles for drug law reform in Australia over about 40 years. We have won almost all of these battles, although it has often taken more time and effort than we would have preferred. I am very confident that tobacco harm reduction will prevail in Australia. Taking a bet against drug harm reduction is very brave as harm reduction almost always wins.”
Stefanie Rossel is Tobacco Reporter’s editorial contributor. An experienced trade journalist, she combines sharp reporting skills with in-depth knowledge of the tobacco and vapor industries. Prior to joining Tobacco Reporter, Stefanie was editor-in-chief at Tobacco Journal International, where she worked for a decade. Fluent in English, German and French, Stefanie covers tobacco news around the world. She is based in Germany.

October 1, 2023
Australia: Activists Want Return Deposits on Vapes

Credit: Va Butenkov
Environmental activists in Australia are calling for a national strategy to force manufacturers, importers and retailers of vaping products to take responsibility for the industry’s waste, especially the disposal of lithium-ion batteries.
Clean Up Australia says consumers are confused about how to responsibly dispose of their used products, which are variously classified as electronic waste or hazardous waste depending on where someone lives in Australia.
The lithium-ion batteries embedded in vaping products, especially disposables, have been blamed for an increasing number of hazardous fires at landfill sites across the island nation.
Pip Kiernan, the head of Clean Up Australia, said consumers should not be left to navigate the complexities of how local councils classify vaping waste, according to media reports.
“It’s a mess and it’s no wonder they are ending up as litter. There is an urgent need for national consistency,” she said. “It shouldn’t be this hard.”
Kiernan wants a mandatory solution that forces responsibility onto the vaping industry and favors something like the deposit on aluminum and glass containers in place around the country.
“The consumer pays 10 cents when they buy a drink, and they get it back when they return the beverage container,” said Kiernan. “So there’s a cash incentive for consumers to do it, and it’s very clear how to do it.”
September 30, 2023
Australia: Vapers to be Hit by More Strict Rules
The Australian government has launched secret talks on introducing a strict near-complete ban on vaping in the country but has hidden the new proposals from the public, according to media reports. The rules could force traveler’s to the country to have a doctor’s note for any vape brought to the country.
The Therapeutic Goods Administration – which oversees the approval of prescription drugs and medicines for the government – has revealed the secret plans in an official consultation paper.
It outlines four proposals including a widespread ban on all single-use vapes, fruit-flavored vapes, personal importation of vaping products and all vaping ads. Only therapeutic nicotine vapes on prescription, available through pharmacies, would be allowed under the reforms – and they will only be tobacco or mild mint-flavored.
Prescription vape liquid will also be banned from using any ingredients outside a limited list of medically-approved chemicals under the proposed legislation.
All travelers to Australia will need to bring a prescription for their vape or a letter from their doctor, and be limited in how much vape they can bring into the country. A consultation paper and feedback form is also hidden from public view and is not included in TGA’s list of other past and present consultation papers on its website.
September 13, 2023
Australian Authorities Seize 15 Tons of Illegal Vapes

The WA Health Department in Australia has seized 15 tons of vapes from a warehouse in Perth’s north-east in what it says is the biggest-ever bust of its kind in the state and nation.
Authorities say more than 300,000 vapes worth an estimated $10 million were discovered.
WA Health Minister Amber-Jade Sanderson said the raid came after a tip-off, according to ABC.
Health Department officers also found more than 10 tons of illegal prescription drugs and “nangs”, which are whipped cream chargers filled with nitrous oxide that are abused by being inhaled.
The maximum penalty in WA for selling nicotine vapes under the Medicines and Poisons Act 2014 is a $45,000 fine and a three-year prison term for an individual, or a $225,000 fine for a company.
The Australian government in May announced that it would ban the importation of all nonprescription vaping products – including those that do not contain nicotine.
The legislation is being billed as containing the most significant tobacco and vaping control measures in the country in a decade.
August 14, 2023
PMI Offering Australian Pharmacies Discount Vapes

Credit: Va Butenkov
Philip Morris International announced it has made a deal with some Australian pharmacies to supply its VEEV vaping products below cost, despite the company’s opposition to the government’s new prescription vaping model.
VEEV marketing materials seen by Guardian Australia offer pharmacists an “introductory offer” to supply nicotine pods and devices at a discount.
The offer is also on the condition pharmacies do not sell a packet of two VEEV nicotine pods for more than AUD14.90 ($9.98) or devices for more than AUD19.90 – cheaper than what wholesalers can offer.
The recommended retail price for comparable pod products is AUD24.99. The marketing material for the offer only mentions PMI in fine print at the bottom of the document.
A spokesperson for the Pharmaceutical Society of Australia said it “urges pharmacists to be skeptical of any commercial offer from big tobacco”.
“There are currently no nicotine vaping products registered on the Australian Register of Therapeutic Goods and no company should be advertising unregulated products to Australian healthcare professionals,” the spokesperson said.
In May, the federal health minister, Mark Butler, announced that the government will ban the importation of nonprescription vaping products – including those that do not contain nicotine. Minimum quality standards for vapes are also being introduced, including restricting flavors, colors and other ingredients.
Vape products will require pharmaceutical-like packaging, and the allowed nicotine concentrations and volumes will be reduced. All single-use, disposable vapes are being banned.
A Philip Morris International spokesman told Guardian Australia; “We have always been open and transparent about the fact we will work within whatever legal and regulatory framework exists for these products in Australia”.
“This is in stark contrast to dozens of other vaping companies who are providing their product via the black market,” he said.
July 7, 2023
New Zealand Urged to Reject Australia’s Regulatory Model

Photo: REDMASON/indysystem
The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA) is calling on the New Zealand government to reject Australia’s approach to vaping and continue to follow the science and evidence.
CAPHRA has submitted comments on New Zealand’s proposals for the smoked tobacco regulatory regime, which include tightening current restrictions on vaping product safety requirements and packaging and reducing nicotine levels in disposable vapes as well as restricting the location of specialist vape retailers.
“CAPHRA believes that the regulations, as they are, work perfectly well, and that further restrictions will only serve to limit access to safer nicotine products for adult smokers seeking less harmful alternatives to combustible tobacco,” says CAPHRA executive coordinator and prominent New Zealand public health consumer advocate Nancy Loucas.
“The announcement that New Zealand would not follow Australia’s lead to a full prescription model for nicotine vaping further reinforces the need for a harm reduction approach that is based on science and evidence, not scaremongering by crowing Australians.”

CAPHRA believes that the regulations, as they are, work perfectly well, and that further restrictions will only serve to limit access to safer nicotine products for adult smokers seeking less harmful alternatives to combustible tobacco.
Nancy Loucas, executive coordinator, CAPHRA
In a press note announcing its submission to New Zealand’s proposals, CAPHRA cites an article in The Critic, “The Vape Scare Down Under,” which describes the Australian government’s approach to vaping is misguided and based on fear rather than evidence. The article argues that the government’s proposed ban on flavored e-cigarettes is not supported by the evidence and will only serve to drive vapers back to smoking. The article also highlights the success of vaping in reducing smoking rates in countries like the U.K. and New Zealand.
“Unfortunately, the vaping debate has become highly political instead of being about the science or the evidence which continues to show that vaping is reducing smoking rates around the world,” says Loucas.
CAPHRA continues to urge the New Zealand government to take a risk-proportionate approach to regulations that protect public health while ensuring the availability of these products for adult smokers seeking less harmful alternatives to combustible tobacco.
“New Zealand should not follow Australia’s policy on vaping, and instead continue to follow a harm reduction approach that is based on science and evidence. Harm reduction should be the driving force behind tobacco policy, and regulations should be risk-proportionate and protect public health while ensuring the availability of these products for adult smokers seeking less harmful alternatives to combustible tobacco,” Loucas said.
June 29, 2023
Vape Shark Launches Gunpod 2000 in Australia

Credit: Vape Shark
Vape Shark Australia launched the Gunnpod 2000 Puffs.
“The cutting-edge device is equipped with advanced technology that provides up to 2000 puffs of delicious nicotine-free flavors,” a press release states.
The device also has a long-lasting battery that can be recharged to provide up to two full days of vaping. Additionally, the design of the device allows for minimal heat build-up and maximum flavor output.
The Gunpod 2000 comes with a variety of protective features such as overheating protection and short-circuit detection.
“With its sleek and modern design, the Gunnpod 2000 Puffs is sure to be a hit among vaping enthusiasts across Australia,” the release states.
June 14, 2023
Australia to Ban All Nonprescription Vape Imports

The Australian government today announced that it will ban the importation of all nonprescription vaping products – including those that do not contain nicotine. The new legislation is being billed as containing the most significant tobacco and vaping control measures in the country in a decade.
The announcement today clarifies last week’s announcement of a crackdown on illegal vaping. This time the government said it would now include a total ban on nonprescription vaping products.
To tackle youth vaping, minimum quality standards for vapes will be introduced including restricting flavors, colors and other ingredients. Vape products will require pharmaceutical-like packaging, and the allowed nicotine concentrations and volumes will be reduced.
All single-use, disposable vapes will be banned, according to The Guardian.
Speaking on ABC’s Q&A on Monday night, Australia’s health minister, Mark Butler, said that the tobacco industry was trying to create a “new generation of nicotine addicts” through vaping and that he was “determined to stamp out this public health menace.”
The move follows an inquiry into vaping reforms led by the drugs regulator, the Therapeutic Goods Administration (TGA), with submissions from health professional bodies, public health associations, individual health professionals and university researchers that overwhelmingly support tightening border controls.
Many public health experts and bodies submitted to the inquiry that border controls should also be placed on non-nicotine vaping products to prevent mislabelling and exploitation of import loopholes. It follows manufacturers falsely labeling products containing nicotine as “nicotine-free” to get around import restrictions, leaving children easily able to buy vapes, often unknowingly inhaling nicotine and becoming addicted.
The government will also work with states and territories to end vape sales in convenience stores and other retailers. Prescriptions for nicotine vaping products for smokers trying to quit tobacco will be made easier to obtain, with stronger standards around the vaping products that can be bought in pharmacies so people can be assured of the content of the products.
Butler said he will expand on the reforms in a speech to the National Press Club on Tuesday, where he is expected to say vaping has become “the biggest loophole in Australian history” and announce that the following Tuesday’s federal budget will include AUS$234 million in funding for tobacco and vaping reforms, the biggest since plain packaging of tobacco products was introduced.
May 1, 2023
Australia Expects to Introduce Plain Packages, Flavor Ban

Credit: Va Butenkov
The Australian government is expected to announce a crackdown on illegal vaping as early as next week, as concerns rise over the increasing uptake among teenagers.
The health minister, Mark Butler, will announce long-mooted changes to vaping regulation, including introducing plain packaging and a ban on certain flavors, ahead of the federal budget on May 9, according to media reports.
News.com.au first reported on Friday that Butler had promised “substantial action”, saying the government planned to move on “non-pharmaceutical” vapes, and indicating a focus on importation from overseas.
He told the publication there had been enforcement issues – because vapes are imported in small boxes, making them hard to intercept at the border, and a reluctance for state and territories to divert resources to policing the black market.
“So we’ve got to take action on the border,” Butler said. “States have to take some action around policing and retail arrangements. I think there’s the appetite to do that.”
Butler’s office declined to comment on the news.com.au report. However, Guardian Australia understands the minister will discuss a vaping crackdown in his speech to the National Press Club on May 2, a week before the federal budget.
April 28, 2023