Australians restrict vape sales to pharmacies—and only with a prescription

Since then, the changes prohibit the supply, manufacture, importation, or sale of a vape device outside of a pharmacy in Australia. The ban applies to all vapes regardless of whether they contain nicotine.

Under the new laws, Australians must also have a prescription from their GP to purchase a vape. At the pharmacy, they will have a limited choice of three flavors: menthol, tobacco, and mint, and will have to engage in a discussion with the pharmacist before purchasing.

The nicotine concentration in these vapes would be regulated, and their packaging would be “medical-like,” according to the bill. The law aims to tackle “the scourge” of recreational vaping, Mark Butler, the health minister, said in a statement.

“It’s a public health risk, especially for children and young people,” Butler said. About 22% of Australians aged 18 to 24 reported using electronic cigarettes or inhalants at least once, government data showed last year. However, at least 61% of these vapers in the same group expressed a desire to quit, according to the Associated Press.

The laws will “return vapes and electronic cigarettes” to their intended purpose: a therapeutic solution to smoking cessation, the Department of Health said in a statement after the law was passed.

Why the Australian way is different

Many countries have recently moved to regulate their e-cigarette markets. A total of 121 countries or territories regulate electronic nicotine delivery systems, according to a 2023 WHO report. Of those countries, 33 have banned the sale or import of vapes entirely, although black markets for e-cigarettes are thriving in some of these countries, including India and Turkey.

Australia’s prescription-based model is unique, but many of the country’s other reforms have been replicated by its wealthier peers. Australia banned disposable vapes from January 1, and the United Kingdom quickly followed suit, then went a step further, banning the sale of cigarettes to anyone born in 2009 and after creating a “smoke-free generation.”

In the US, regulations have been much slower. The FDA has only approved 27– and menthol-flavored tobacco products in cigarettes and devices, mostly from popular brands including NJOY and Vuse. Notably, other brands such as Juul, Lost Mary, and Elf Bar do not make the list, and these vapes continue to be sold illegally. Chinese tobacco manufacturers are also flouting vape restrictions, importing millions of junk-flavored vapes into the American market.

Last month, US politicians blasted top public health officials for not enforcing their own rules during impeachment hearings on the teenage boom.

“You’re failing!” Judiciary Chairman Dick Durbin (D-IL) said as he sparred with Deputy Assistant Attorney General Arun Rao, representing the Department of Justice. These officials, during the meeting, pledged to act quickly in terms of law enforcement.

Loopholes and problems in the law

While Australia may tout a “world-leading” change to vaping restrictions, its new law comes with loopholes already in place. Under a last-minute amendment, the restrictions will soon be eased. From October, adults over the age of 18 will no longer need a prescription, but will have to “talk” to their pharmacist before buying a vape over the counter. Children under 18 will still need a prescription to purchase a vape.

Additionally, vapes purchased in Australia can have a nicotine concentration of more than 20 mg/ml, which is a limit that many other nations have. In the US, vapes with more than double the nicotine content dominate the market, according to the Truth Initiative, an anti-smoking nonprofit.

The previous version of the Australian law already required a prescription to buy vapes, which could be widely sold—but sellers were able to circumvent the law by pretending their vapes did not contain nicotine. Teenagers have found it easy to get these vapes.

But now that it is illegal to sell vapes outside of pharmacies, the law effectively transfers the responsibility for managing the country’s e-cigarette supply from tobacconists and retailers to pharmacists.

The Pharmacy Guild of Australia, which represents the nation’s pharmacy owners, has opposed the bill, arguing it does not want to sell “highly addictive” vapes without a prescription.

“The Senate’s expectation that community pharmacies become vape sellers and garbage collectors is an insult,” the organization said in a statement.

It is now up to each pharmacy to decide whether to sell vape products. Pharmacists must verify the age of the consumer, give them advice on how to stop smoking, and ensure that they have not bought more than one month. It is not yet clear what that amount means, or how it is calculated.

While illegal vape sellers could face up to seven years in prison for violating the new provisions, the law does not criminalize the use of many vapes, including illegal ones. A person can have up to nine vapes at a time, according to The Caretaker. There will be a 12-month grace period, during which people with more than nine vapes can donate or dispose of their remaining vapes.

Michael Bonning, a spokesman for the Australian Medical Association, the country’s top doctors’ group, said the new law would create “a big change in how vapes are accessible.”

“These are the best changes in the world that doctors and all health workers are striving for,” Bonning told the Australian Broadcasting Corp.

However, it is not yet clear how the enforcement of the shop ban will work. As of Monday, several convenience stores and tobacconists continued to sell their flavored nicotine products, The Caretaker report.

“There is no ban. We continue to sell,” said a cashier at a store in the Melbourne area told The Caretaker.