As predicted, the new regulations are not supported by any of the stakeholders involved, not even pharmacies, which would benefit from the financially. The only sector that is thriving as a result of this regulatory model is the black market.
A recent nationwide survey of Australian pharmacies revealed that new regulations aimed at providing low-nicotine vapes (≤20mg/mL nicotine) without a prescription (as Schedule 3 medicines) have been largely ineffective. Conducted by local smoking cessation expert and physician Dr. Colin Mendelsohn, the survey was carried out in October 2024 across 305 pharmacies in both urban and rural areas. Sadly, the findings revealed that that 99% of pharmacies did not have low-nicotine vapes available for walk-in customers, with only 2% willing to order them upon request. Despite assurances from the Health Minister, these findings highlight the general unwillingness by pharmacies to collabrate in the new initiative.
Are we surprised? The answer is a resounding no. A shocking statement released by the Pharmacy Guild of Australia when the presciption model went into effect, had clearly indicated that most pharmacists were indignant and felt that selling vapes in their pharmacies was beneath their profession. While major pharmacy chains like TerryWhite Chemmart and Priceline have openly refused to stock them.
The new regulations are not supported by any of the stakeholders involved
The statement by the Pharmacy Guild expressed disdain for the decision to sell vapes in pharmacies, saying that pharmacists are healthcare professionals who are licensed to dispense medication with proven therapeutic benefits. The group added that vapes have not been approved by the Therapeutic Goods Administration (TGA) based on safety or efficacy. The statement sadly dismissed substantial scientific evidence supporting the effectiveness of vaping for smoking cessation, and was another tragic example of the rife misinformation about vaping within the medical community in Australia.
Predicting the current messy state of affairs, at the time Dr. Colin Mendelsohn, had told Vaping Post that none of the parties given the authority to dispense vaping products are happy to do so and/or support the new regulations. Pharmacists are largely unwilling to stock vapes, and the limited, unappealing options (flavours like tobacco, mint, and menthol) are causing vapers to revert to smoking. Many are experiencing stress and anxiety due to the lack of appealing alternatives. While to add insult to injury, many local doctors are reluctant to prescribe vapes, despite being given the authority and responsability to do so.
“The current regulations are denying Australia’s smokers access to the most popular and most effective quitting aid. Some vapers are returning to smoking but most will continue to access unregulated products from the black market. The black market has fuelled increasing criminal activity and is the main cause of the increase in youth vaping.”Dr. Colin Mendelsohn, Smoking Cessation Expert
The regulations were introduced to offer adult smokers easier access to nicotine vapes, following the failure of the previous prescription-only model, which was rejected by both vapers and doctors. In 2023, only 7% of vapers had a prescription, fueling an increase in black market activity, including violent incidents such as firebombings and contract killings. However, highlighted Mendelsohn in a recent blog, with a lack of consultation with the pharmacy sector and the strong opposition from the Pharmacy Guild of Australia, this new iniative was set up for failure.
He added, that pharmacies are also prohibited from advertising that they stock nicotine vapes, making it difficult for consumers to find participating stores. Some states, like Tasmania, have banned the sale of Schedule 3 vaping products, with Western Australia likely to follow. Among the 35 vapers who participated in the survey, none were able to purchase their usual vaping products, with the available range limited to just a few options, including two models dominated by tobacco giant Phillip Morris. While flavours were restricted to tobacco, mint, and menthol, which did not appeal to most adult vapers accustomed to more variety.
The failure of both the prescription and pharmacy-only models has left Australia’s 1.7 million adult vapers largely unable to access legal vaping products. As a result, many may relapse into smoking, while others are forced to rely on the black market, which continues to thrive despite regulatory changes.
How about online pharmacies?
Despite some initial confusion, adult Australian vapers can legally purchase nicotine e-liquids from online pharmacies, though a prescription is required. Earlier advice from the Therapeutic Goods Administration (TGA) and the Pharmaceutical Society of Australia (PSA) incorrectly stated that online sales of vaping products would be banned from October 1, 2024, only allowing in-person sales. However, a closer review of federal regulations clarified that online sales are legal with a valid prescription.
To this effect, several online pharmacies now offer nicotine e-liquids, including various vape devices and nicotine refills, though only in limited flavours (tobacco, mint, menthol, and unflavored). Customers must upload prescriptions and register on these sites to view products, which are typically shipped via registered post.
For nicotine e-liquids over 20mg/mL (Schedule 4), prescriptions are mandatory, and some pharmacies provide them for free or at a low cost if purchasing through their platform, while devices and accessories can be bought without a prescription. While nicotine concentrations of 20mg/mL or less (Schedule 3) can be bought without a prescription but are subject to significant restrictions, including state-level bans and mandatory pharmacist consultations, limiting their online availability.
However, online sales have also faced barriers, with only one of 10 online pharmacies selling low-nicotine vapes without a prescription, and finding the ones which do is difficult due to restrictions. Moreover, issues like the need for comprehensive pharmacist consultations and local regulations in states like New South Wales and the ACT, where vapes must be handed directly to customers, are further limiting online access.
The new restrictions are benefitting anything but public health
Ultimately as predicted, these failed regulations seem to be benefitting solely the local ever expanding black market. “The current regulations are denying Australia’s smokers access to the most popular and most effective quitting aid. Some vapers are returning to smoking but most will continue to access unregulated products from the black market. The black market has fuelled increasing criminal activity and is the main cause of the increase in youth vaping,” reiterated a concerned Mendelsohn.
“The only way to stop a black market is to replace it with a legal, regulated one. Vapes should be sold as adult consumer products from licensed retail outlets with strict age verification, like cigarettes and alcohol, as they are in other Western countries,” he concluded.