Australia continues to ramp up the fight against illicit vapes, with more than 5.2 million illicit vapes and vaping products seized so far this year. Of these, more than 2 million vapes have been seized since the commencement of the new vaping laws on 1 July 2024.
The seizures have been led by the Therapeutic Goods Administration (TGA) and the Australian Border Force (ABF), with assistance from state and territory law enforcement and health agencies, many of whom have also seized unlawful vapes.
These goods, if sold in the community, would have an estimated street value of more than $155 million.
Activity to increase retailer compliance is occurring across states and territories, with hundreds of retail inspections taking place across the country. The TGA is working closely with all jurisdictions, including as part of joint operations, to enforce the new legislation.
The TGA is also taking action in relation to unlawful advertising of vaping goods. Since 1 July 2024, 118 warnings have been issued to advertisers illegally promoting vaping goods and since the start of the year more than 8,000 requests to remove unlawful advertisements have been made to digital platforms and a further 58 websites have or will be blocked from public view for non-compliance. These actions reduce the ability of businesses to promote unlawful vapes to the community.
Only pharmacies can legally sell vaping products in Australia. Other retailers such as tobacconists, vape shops and convenience stores are no longer permitted to sell any type of vape.
Patients who access vaping products to help quit smoking currently need a prescription from a medical practitioner or nurse practitioner to purchase a therapeutic vape from a pharmacy.
From 1 October 2024, therapeutic vapes with a nicotine concentration of 20 mg/mL or less will be available from pharmacies to patients 18 years or over without a prescription.
The maximum penalties for breaches of the new laws include up to seven years in jail per offence and up to $21.9 million per contravention.
The TGA encourages people to report any perceived breach or questionable practice relating to the importation, manufacture, supply, commercial possession and advertising of vapes, including the supply of vapes by a non-pharmacy retailer.
Quotes attributable to Minister Butler:
“Australia’s world leading vaping laws are working to limit the widespread availability of vaping products.
“Many of the products are targeted at young children and adolescents which is simply dooming the next generation to poor health and misery.
“We see today new research showing Australian teenagers who have vaped are five times more likely to try smoking.
“That’s why our government is so focused on stamping out vaping and I thank the TGA, ABF, the states and territories, enforcement and health agencies for their outstanding work and support.”
