Vaping crackdown intensifies with removal of prescriptions

Moves to try and stamp out the habit began on July 1, amid what leaders called “the biggest loophole in Australian healthcare history”.

After initially requiring prescriptions, vapes will now be treated as behind-the-counter therapeutic goods.

That means customers will need to provide photo ID and have a discussion with a pharmacist before being allowed to buy them.

But they won’t need to see a doctor to get a prescription.

They are only available to people who want to use them to stop smoking.

​Children aged under 18 will still require a prescription.

From March 1, 2024, it has been illegal to import disposable vapes, irrespective of the amount of nicotine they contain.

That includes people buying vapes overseas and having them shipped to Australia for their own use.

The colourful vapes which attract young people and have been sold at vape shops are not supposed to contain nicotine.

However, experts say the crackdown isn’t working.

Avinash Singh Principal Lawyer at Astor Legal said in the 18 months from July 2022, there were only 12 successful prosecutions in New South Wales.

“The new laws seem to reflect an acknowledgement by the government of the practical difficulties in enforcing overly restrictive vaping laws,” Singh said.

​”Perhaps more concerning is that the current penalties for vaping offences are clearly not a deterrent.

“Seven of the shops that were prosecuted, continued to stock illicit vapes after they received a warning, had their products seized or were convicted in court.

“This is unsurprising when the fines they received were minuscule compared to the profits made from selling vapes.”

Meanwhile, the Therapeutic Goods Administration (TGA) is introducing strengthened product standards for therapeutic vapes including vaping substances, vaping substance accessories, vaping devices and vaping device accessories.