‘Overwhelming’ support for regulation of vape imports amid ‘health emergency’, TGA reports

An "overwhelming" number of health experts and authorities support tightening border controls around nicotine vaping products, with many wanting an import ban on non-nicotine vaping products as well, Australia's drugs regulator has told the government.

On Thursday afternoon, the Therapeutic Goods Administration (TGA) published the almost 4,000 public submissions made in response to the government's proposed vaping reforms, aimed at tackling rising youth vaping rates and a burgeoning black market.

"All state and territory governments supported tightening border controls for nicotine vaping products, with most also supporting closing the personal importation scheme and requiring import permits," the TGA summary said.

Health professional bodies, public health associations, individual health professionals and university researchers "overwhelmingly supported tightening border controls," the TGA said. "Many public health experts and bodies submitted that border controls should be also be placed on non-nicotine vaping products."

The importation of all vaping products should be banned "as soon as possible to curb youth access to nicotine vaping products," a submission from the South Eastern Sydney Public Health Unit said.

"We would prefer that all flavours are prohibited, as this is the simplest approach to monitor. Including any flavour, even tobacco, makes the nicotine vaping product more of a recreational device than a smoking cessation treatment."

A submission from the Association of Heads of Independent Schools of Australia said "the most powerful sanctions possible should be applied to the importation and sale" of the products. It also supported reforms to restrict the packaging and contents of vaping products.

The submission included comments from students, including a 17-year-old who said: "I've tried to quit and I couldn't think straight. I had the worst ever headaches of my life and I found it to be much too difficult to quit."

Speaking to ABC Radio National on Thursday morning, the health minister, Mark Butler, said: "This is now the biggest behavioural issue in primary schools.

"This is an industry shamelessly marketing, not just to teenagers but to young children," Butler said. "When you look at these things with pink unicorns on them and bubblegum flavoured - these aren't marketed to adults. This is an industry that is trying to create a new generation of nicotine addicts."

The Thoracic Society of Australia and New Zealand said in its submission that a blanket import ban was "an obvious and necessary change".

"We have on our hands a public health emergency," TSANZ said.

"The overwhelming majority of electronic cigarette use in Australia is not for smoking cessation."

The TGA noted in its summary that there was strong support from state and territory governments, health bodies and experts, and public health associations to require pharmaceutical-like packaging on the products, to lower nicotine concentrations, and prohibit flavours and certain other ingredients.

The Generation Vape study led by the University of Sydney found that flavourings and taste were rated as the most important characteristic of vapes for users in the 14- to 17-year age group.

Many of the inquiry submissions were from individuals who vaped and appeared to be generated as the result of web campaigns. The tobacco industry paid for a bespoke TGA submissions site run by Legalise Vaping Australia in partnership with the Australian Association of Convenience Stores (AACS), a supporter and partner of Responsible Vaping Australia.

"Individual vapers, vaping retailers, vaping manufacturers/importers, and pro-vaping associations did not generally support any import controls."

Currently nicotine vaping products can only be lawfully supplied by pharmacies in Australia to people with a prescription, or a person with a prescription can directly import up to three months' supply for their own personal use. Approved medical practitioners can also supply the products direct to their patients as an aid to stop smoking.

The TGA consultation paper said nicotine vaping products imported for personal use were being sold on the black-market and that "it is very hard to police the requirement for a prescription".

Lax import laws meant manufacturers are removing "nicotine" from the ingredients list to get around laws. These "nicotine-free" products contain often high levels of nicotine.

Tobacconists and convenience stores are among the places children and adults are easily buying the products, which is why a total import ban - except for pharmacies - is a measure many tobacco control experts have long been calling for.

Prof Becky Freeman, from the University of Sydney's schools of public health, wrote in a recent journal article: "Stopping the importation of all vaping products into Australia, regardless of nicotine content, unless bound for a pharmacy, would simplify and increase the effectiveness of enforcement and stop the flood of illicit products."

According to the TGA, people who never smoked cigarettes are also taking up vaping despite the risk of addiction to nicotine. The proportion of people who have never smoked who currently use e-cigarettes increased by four and a half times from 2018-19 to 2022, the TGA's reform consultation document said.