The new regulations close legal gaps that make it simple to obtain flavor-infused, inexpensive, dangerous, and highly addictive vaping goods targeted at children.
For those who use vaping goods as a smoking cessation aid, prescription medications will still be available. However, vapes available exclusively with a prescription will be strictly regulated by the Therapeutic Goods Administration.
What new rules then exist? And why are they required?
What went wrong with the earlier rules?
Prior to the 2024 regulation modifications, all vaping products that were imported and sold in Australia had to be nicotine-free unless they could be obtained through a pharmacy and a prescription from a licenced healthcare provider.
With a valid prescription, individual users were permitted to import nicotine-vapes from overseas through the Personal Importation Scheme.
The vaping business, which includes producers, importers, and retailers, took advantage of these legal gaps and openly marketed nicotine-containing goods to minors under the false pretence that they were “nicotine-free.”
However, due to the large volume of imported goods, the only method to distinguish between a vape with and without nicotine is to test it in a lab, which is an expensive and time-consuming process.
Therefore, it was practically impossible to enforce the nicotine/nicotine-free standards against an industry that was committed to indoctrinate a new generation of users.
What is altering, then?
The new laws clear up the mess and make the regulations considerably simpler to follow and execute. The single largest obstacle to stopping youth vaping is easy access to vaporizers, which they also address.
Three stages will comprise the implementation of the new regulations:
Prohibition on imports
All disposable, single-use vape pens are prohibited from entering the country as part of the first phase, which took effect on January 1. These are the goods that are most well-liked by youth and are available in a range of flavours, such as fruit, candy, tobacco, and cocktails.
Disposable, single-use vapes are not refillable but are available in a variety of sizes, holding anywhere from a few hundred to over 10,000 puffs.
Beginning on March 1, 2024, importers will not be allowed to import any additional vapes, not even refillable ones, unless they get a licence and permit from the Office of Drug Control to do so. Only customers with a prescription will be able to purchase these legally imported vapes from pharmacies.
On March 1st, the Personal Importation Scheme’s vape allowance will also expire, forcing all vapers to obtain their vaping supplies from an Australian pharmacy.
Although it successfully prevents the import of illicit vapes into Australia, this first stage ignores the large amount of product that is currently available. Retailers will be permitted to keep offering the “nicotine-free” vapes they already have in stock. But as is well known, nicotine is frequently present in these goods.
Prohibition on domestic manufacturing and sales
The retail sale of all vaping devices will be outlawed in the next wave of reforms, which is anticipated to take effect in late 2024, regardless of the nicotine concentration that is declared.
The production, distribution, marketing, and commercial possession of vapes that do not comply with prescription guidelines will all be prohibited during this second phase.
The Therapeutic Goods Act of 1989 will need to be amended in order to implement these modifications, which will probably be presented to the federal parliament for consideration in the autumn of 2024—the precise date is not yet known.
Prescription availability
In order to provide access to goods that fulfil a quality level, prescription access to vapes for therapeutic purposes is also being modified.
Commencing on January 1st, medical professionals and nurse practitioners will have the authority to recommend therapeutic vapes as a means of ending smoking or controlling nicotine addiction.
By March 1st, other adjustments aimed at tightening the regulations governing medicinal vapes should be completed. Prescription vapes, for instance, will come in regulated medical-style packaging, have restrictions on the quantity of nicotine they can contain, and only allow certain flavours.
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