Nicotine Vaping Regulation in Australia
There’s a lot of confusion revolving around Australian vaping laws over the past few years.
After the ban imposed on the retail and supply of nicotine-contain e-liquids in Australia, the vaping community protested against the sudden decision by the Federal Government.
The Therapeutic Goods Administration (TGA) made it clear a few months ago that it would not allow the import of nicotine e-liquid vape products without an authorized prescription. In this article, we are going to take an overview of Nicotine Vaping Regulation in Australia.
In June 2020, the Federal Government of Australia announced to take counsel with the Governor-General regarding the prohibition on the regulation of vape products that contain. For now, the final decision is still pending, which is raising concerns for the local stakeholders and related consumers.
The prevalence of impractical methods for the approval of attaining nicotine-based e-cigarettes has compelled many users to consort to illegal methods. Despite such strict laws in the country, many people have found out ways to import nicotine e-liquids from overseas without getting caught by the regulation authorities.
The TGA claims that the laws against the free flow of liquid nicotine would help bring down the number of teens and underage consumers of nicotine-based vape. These measures are in line with the State and Territory laws that are against the free supply of nicotine e-liquids without any medical prescriptions.
Also, the administration has made it clear on several occasions that the final decision is not made by the Government or the Minister. The TGA has come up with the final decision by seeking feedback through public consultations and medical evidence. However, it isn’t clear why the TGA hasn’t put such restrictions on the retail of traditional tobacco cigarettes, which are much more harmful.
Australian Commonwealth Regulation of Nicotine
To reduce the risk of public health, the possession and consumption of vaporized nicotine have been banned.
The Federal Government has categorized medicines and poisons into different classes, which makes it easier to come up with laws regarding the consumption of specific items. Under the Federal Register of Legislation, nicotine is classified as Schedule 7 ’dangerous poison’, which means that this substance would require a permit before it can be used or sold.
Due to the dangerous toxicity of products mentioned in the Schedule 7 list, such products would only be allowed to be sold or supplied by getting a special license. The manufacturers of such goods would also be required to package the products with strong warnings. However, it is interesting to note that nicotine in tobacco and conventional cigarettes would not be categorized in this list.
There are three main legal ways through which you can possess nicotine in liquefied form in Australia. These conditions are:
1. TGA has provided a channel through which smokers can import unapproved therapeutic goods in the country. You and your family member can legally import of nicotine e-liquids under the Personal Importation Scheme from a store like http://www.podlyfe.com based in New Zealand
2. The users can also purchase pharmaceutical grade nicotine e-liquid by an approved local pharmacy in Australia. You will also need to get a prescription from an Australian based medical practitioner that you can show to the licensed chemist.
3. The final method is to get your nicotine-containing e-liquid approved by the TGA. Most vape suppliers and manufacturers don’t have the financial resources to get approval through this process, as there are several legal and monetary constraints.
Is It Illegal to Purchase Nicotine E-Liquids in Australia?
It is currently illegal to sell and possess nicotine-based e-liquids in every state and jurisdiction in Australia (except South Australia).
The reason behind the TGA’s strict policies is the fact that the authority hasn’t found convincing evidence that shows vape devices to be safer alternatives to traditional tobacco cigarettes. Secondly, the authority isn’t convinced whether vape systems would help ex-smokers quit their cigarette addiction.
Some Tobacco Harm Reduction advocates even fear that the legalization of nicotine e-liquids will have a rippling effect that would gradually re-normalize smoking in the country.
The prevalence of nicotine vape devices in the market will also increase the chances of nicotine exposure in adolescents. Some anti-nicotine advocates believe that nicotine is like poison for the brain of youth. The brain keeps on developing until an individual turns 25. Some studies show that nicotine consumption from an early age can harm overall cognitive functions. Considering such risks, the TGA isn’t convinced to make the importation of nicotine e-liquid legal in Australia.
Despite the medical evidence that shows vape is less harmful than traditional cigarettes, it isn’t clear why the tobacco giants in the industry are exempt from such harsh treatment under the law.
The vaping community in Australia isn’t supporting the decision of TGA, as it has made it almost impossible for anyone to use nicotine vape for recreational purposes. Due to the pressure created by the public, the federal authorities are re-assessing the prohibition policies. It is more likely that vape nicotine would only be allowed to be purchased through a medical prescription process.
Does It Mean All Vaping Is Banned In Australia?
The answer to this question is no. If your doctor thinks that using a nicotine vaporizer could potentially help you during smoking cessation, then they will purchase it on your behalf.
This is a complicated method for the attainment of something so simple. Many vapers are worried that the hurdles regarding the purchase of nicotine e-liquid can make many people go back to their habit of smoking cigarettes. After all, you can easily walk into a gas station to get a pack of cigarettes without having to show any prescription. Why would you go through such a hassle to satiate your nicotine cravings?
This regulation system imposed by the TGA has many loopholes and its impracticalities make it difficult for the citizens to follow the law. Eventually, people would be inclined to take illegal routes for the attainment of desired nicotine e-liquids. So, the Government should work on improving the practicality of this nicotine drug control law.
Why Ban Vaping Rather Than Smoking?
The TGA had to take this measure following the sudden increase in nicotine poisonings related to e-liquids devices during the past few years.
The authorities failed to find out the root cause of these incidents. Most of these poisoning cases occurred due to the consumption of unregulated dosage of imported nicotine-containing fluids.
With the restrictions on local nicotine e-liquids, people had no other option but to purchase from overseas untrusted suppliers. So, rather than banning local legitimate nicotine e-liquid business, the government should have worked on controlled regulation of these products in the country.
Secondly, there was a growing percentage of teenagers in Australia who were using nicotine-containing vape devices, which might have long-term side effects. The authority failed to notice that while more teenagers were purchasing vape devices, smoking cigarettes had declined among these age groups.
What Happens Next?
While this might be seen as a preventive move to protect public health, it may not have major practical applications.
The teenagers would still be able to purchase non-nicotine vape juices from the local vape stores. The people who found e-cigs to be successful to quit smoking would suffer more from this ban by the TGA. Once they would not be able to maintain desired nicotine levels in the bloodstream, ex-smokers would be more likely to switch back to smoking cigarettes.
Various health studies and experiments have shown that pure nicotine is less harmful than that found in cigarettes. Nicotine, on its own, is not a toxic chemical that can cause lethal damages to the body. Unlike cigarette-smoking which affects the respiratory health of the bystanders, vaping has negligible effects on the physical health of the people nearby.
In most cases, an intentional overdose of nicotine can be harmful to the consumer. If it is taken in regulated amounts it doesn’t have any major toxic effects on the body. This means that nicotine e-liquids might act as effective “exit gateways” for people who are trying to get rid of their smoking addiction.
Once all the policies are formed related to the importation of nicotine-based e-liquids in Australia, the focus will shift to the ingredients and contents of the vape juice. The unregulated process of e-liquid supply in Australia has opened loopholes for swindlers to add toxic chemicals to the products. So, the TGA should focus more on monitoring the labeling and manufacturing process of the local vape juice businesses.
Conclusion
The future regulation of nicotine e-liquids in Australia mainly depends on the categorization criteria of drug regulatory authorities.
We hope you were able to get some useful insights about the Nicotine Vaping Regulation in Australia. While the future for e-juice supply and consumption may appear bleak, there might be many ways that can create a balance in the market.
Can the TGA treat nicotine e-liquids as a pharmaceutical product? Should the TGA require the manufacturers of nicotine e-liquids to add a health warning? Several measures can be taken by the TGA to help promote the use and retail of nicotine e-liquids in a regulated manner.
