The Australian government is leading a profound transformation of the e-cigarette market, aiming to address the health risks associated with vaping through a series of regulatory adjustments. At the same time, it ensures patients can access necessary therapeutic e-cigarettes for smoking cessation and nicotine management. Comparable to the UK's stricter vape regulations, this world-leading regulatory approach is certainly worth attention.
2024 Updates to Australia’s E-cigarette Regulations
Stage 1: Import Restrictions and Initial Regulations
Disposable Vape Ban:
Starting January 1, 2024, disposable vapes were banned from importation, including personal import plans, with very limited exceptions for purposes such as scientific research or clinical trials.
Import Restrictions on Non-Therapeutic E-cigarettes:
Starting from March 1, 2024, the import of all non-therapeutic vape products (regardless of nicotine content) will be prohibited. Importers must obtain a license issued by the Office of Drug Control (ODC) and obtain customs clearance to import therapeutic e-cigarettes. Additionally, pre-market notification must be provided to the Therapeutic Goods Administration (TGA). Also the personal importation scheme was closed.
Stage 2: Strengthening Regulation and Reshaping the Market
Sales Channel Restrictions:
Starting July 1, 2024, when the Therapeutic Goods and Other Legislation Amendment (E-cigarette Reform) takes effect, the purchase of nicotine or nicotine-free e-cigarettes will require a prescription from a doctor or a registered nurse. However, from October 1, adults aged 18 and over will be able to directly purchase therapeutic e-cigarettes with a nicotine concentration of no more than 20 mg/ml at pharmacies (minors will still need a prescription).
Flavor and Advertising Restrictions:
Therapeutic vape flavors will be limited to mint, menthol, and tobacco. Moreover, all forms of advertising, promotion, and sponsorship for e-cigarettes will be entirely banned across all media platforms, including social media, in order to reduce their appeal to young people.
Impact on the E-cigarette Business
Severe Penalties for Illegal Sales:
Starting July 1, the illegal manufacturing, supply, and commercial possession of non-therapeutic and disposable e-cigarettes will be considered a violation of the law. Retailers caught illegally selling e-cigarettes could face fines of up to $2.2 million and imprisonment for up to seven years. However, individuals in possession of a small number of e-cigarettes (no more than nine) for personal use will not face criminal charges.
Pharmacies as the Only Legal Sales Channel:
Pharmacies will become the sole legal point of sale for e-cigarettes, and the products must be sold in standard medical packaging to ensure compliance with nicotine concentration limits and flavor restrictions.
What Will Future Vape Products Look Like ?
E-cigarette products sold in pharmacies will no longer be allowed to be displayed in an appealing manner. Instead, they will be packaged in simple, standardized medical packaging to reduce visual impact and temptation for consumers.
Additionally, these products will be strictly regulated to ensure that nicotine concentrations do not exceed 20 mg/ml. In terms of flavors, e-cigarettes in the future Australian market will only be available in three options: mint, menthol, and tobacco.
Can You Bring Disposable E-cigarettes to Australia?
Unless you have a prescription, you are not allowed to legally bring disposable e-cigarettes into Australia, even if they are nicotine-free. However, under Australia’s travel exemption rules, if you have a valid prescription, you are permitted to carry the following per person:
——Up to 2 e-cigarettes (including disposable devices)
——20 e-cigarette accessories (including cartridges, capsules, or pods)
——200 ml of e-liquid
——The allowed e-liquid flavors are limited to mint, menthol, or tobacco.
Concerns About the Growing Black Market
There are concerns that the new laws could give rise to a black market for e-cigarettes, similar to the black market for cigarettes in Australia, where tobacco taxes are among the highest in the world.
A pack of 20 cigarettes costs around AUD 35 (USD 23)—significantly more expensive than in the US and the UK. It is anticipated that tobacco taxes will increase by another 5% in September, further raising costs.
Despite the rise in cigarette prices, there are worries that young e-cigarette users who are excluded from the market may turn to cigarettes to satisfy their nicotine cravings.
Post time: Sep-18-2024
