Vaping Regulations In Australia And Impact On Business

Key Takeaways:   The newly proposed reforms do not criminalise vapers from any angle.  Any individual found in possession of vapes is not guilty of any charge and shall not be not be criminalised by the Australian Government.  The reforms are directed towards curbing import and export of nicotine based disposable vapes that pose significant health risks. Therapeutic vapes can be prescribed by qualified medical practitioners using the new special access scheme C pathway.

The Australian vaping industry seems to have kicked off the new year on a rough note. With vaping posing significant risks, the Governor-General has issued new reforms via amendments in therapeutic goods. But everything is not at loss. 

 

The newly introduced reforms are targeted towards curbing nicotine based vaping. It doesn’t interfere with legitimate patient needs for smoking cessation medication. 

So, where does it leave local manufacturers and retailers? Sure the threat is imminent, but there seems to be an exciting proposition. Here’s everything you need to know. 

 

TGA Authorization and Disposable Vapes 

Reportedly, the import of disposable vapes starting January 2024 is now prohibited, with limited exceptions. Lets understand how this shapes up future decisions for vape businesses.

 

• It doesn’t matter how high or low the nicotine content or even therapeutic claims, the ban takes into account all kinds of disposable vapes. Only a TGA authorised prescriber can recommend disposable vapes supported by patient prescriptions.
• All vaping products that were ordered earlier this January and are due delivery also falls under the ban.
• International travellers coming to Australia are exempted to carry a pre-decided quantity for medicinal needs. 

• Other non-nicotine disposable vape distributors can be supplied by local retailers in line with the state or territory law.

The Special Access Scheme C Pathway 

Starting this January, doctors, nurses and other qualified medical practitioners will have the right to prescribe therapeutic vapes. However, this should be done to help with smoking cessation needs or manage nicotine dependence. This is made possible via special access scheme C pathway significantly lowering administrative pressure applying to TGA for pre-approval. 

 

Besides the new pathway, the existing Special Access Scheme B pathways can still be used by medical practitioners. More notable changes are due to be introduced in March 2024.

 

• Starting March 2024, all non-therapeutic vape imports are prohibited, including the ones under personal importation scheme. In other words, no patient even with a prescription can order vapes from abroad anymore.
• Non-therapeutic, non-nicotine vapes imported before March 2024 can be sold by vape suppliers.
• New pre-market requirements will affect manufacturing and import of therapeutic vapes. 
• Importers are required to obtain a permit and a customs licence to legally import therapeutic vapes.
• Importers will have to notify the TGA about their products matching new standards like limited flavours (mint, tobacco, menthol).

The Way Forward For Australian Vape Retailers  

All therapeutic vapes either manufactured or imported before March 2024, can still be supplied by pharmacists. However, the vapes must meet the product standards applicable during that time. It’s a welcome decision that will allow seamless supply of therapeutic vapes and keep running the businesses for several retailers. Local liquid lab brands like Ocenea Liquids continue to supply cleanroom ejuice to retailers which seems to be the only viable option. 

 

Further, therapeutic vapes with medicinal cannabis will follow a different regulation. 

In all probability, there will be new standards for private label e liquid manufacturing, particularly for therapeutic vapes with reduced permissible nicotine concentrations.