Scheduled phases of the sweeping changes of vape laws have come into effect across Australia as of 1 March 2024, with the federal government introducing stringent regulations aimed at curtailing the importation and distribution of non-therapeutic vapes. This landmark legislation has sent shockwaves through the vaping community and businesses nationwide, including vape stores in Wyndham and beyond, some of which are facing dire stock shortages and are being forced to shut shop.
Under the new laws, the importation of all non-therapeutic vapes is prohibited, making it illegal to bring such products into Australia from 1 March 2024 onwards—even if orders were placed before this cutoff date and have yet to arrive. This crackdown also sees the end of the personal importation scheme that allowed patients to order vapes directly from overseas, even with a prescription. However, a slight concession has been made for international travellers, who are permitted to bring a limited quantity of vapes into the country, provided they are for personal treatment or for someone under their care.
Retailers, for the time being, can still legally sell non-therapeutic vapes imported before the enforcement date, assuming these products contain no nicotine or other medicines and make no therapeutic claims. This temporary measure is designed to let stores deplete their existing inventory before further legislation is introduced later this year to comprehensively ban the domestic manufacture, advertisement, supply, and commercial possession of such vapes.
The changes also introduce stringent pre-market requirements for therapeutic vapes, which now must conform to new product standards irrespective of nicotine content. These standards restrict flavour options to mint, menthol, or tobacco and impose specific requirements on vaping devices previously exempt from the therapeutic goods framework. Importers and manufacturers are required to obtain a customs license and permit and must notify the Therapeutic Goods Administration (TGA) of their product’s compliance with the new standards.
For therapeutic vapes that were imported or manufactured before the new laws came into effect, pharmacies can continue supplying them without interruption, provided they meet the previous standards. The TGA plans to publish a list of therapeutic vapes compliant with the new regulations, aimed at assisting smoking cessation and managing nicotine dependence.
Despite the introduction of these regulations, the government has made it clear that personal possession and use of vapes will not be criminalized. The move is part of a broader strategy to reduce tobacco and vape usage in line with the National Tobacco Strategy 2023-2030, following extensive consultation and evidence-based analysis.
As Australia navigates these new regulations, the impact on the vape industry is already being felt, with businesses struggling to adapt to the rapid changes. The government’s efforts to control the vape market reflect a growing concern over public health, aiming to strike a balance between restricting access to non-therapeutic vapes and providing support for those seeking to quit smoking through regulated therapeutic alternatives.
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