Potential reforms to the regulation of nicotine vaping products Consultation paper
The Therapeutic Goods Administration (TGA) is seeking comments on potential reforms to the regulation of nicotine vaping products (NVPs) in Australia. NVPs are nicotine-containing products intended to be used in vaping devices such as ecigarettes, e-cigars and other electronic nicotine delivery systems (ENDs). This includes vape liquids, e-liquids and e-juices that contain nicotine and/or nicotine salts. NVPs do not include other nicotine replacement therapies (NRTs) for smoking cessation containing nicotine, such as patches, gum, lozenges, mouth spray and inhalators nor nicotinecontaining products that are not intended for use in ENDs, such as chewing tobacco and snuff. The regulatory requirements for NVPs changed on 1 October 2021, when a TGA decision to classify NVPs as prescription medicines (Schedule 4 to the Standard for the Uniform Scheduling of Medicines and Poisons (Poisons Standard)) took effect, meaning that NVPs are subject to the regulatory controls for prescription medicines (the 2021 reforms). The aim of the 2021 reforms was to prevent children and adolescents from accessing NVPs, whilst allowing smokers to access these products for smoking cessation with a doctor’s prescription. However, evidence is emerging that the reforms are not meeting these aims. Children and adolescents are continuing to obtain NVPs in higher numbers. Commonwealth law prevents the importation, and State and Territory laws prevent the domestic supply, of NVPs without a prescription. However, there is evidence that many adults are accessing NVPs without a prescription, rather than through lawful supply channels with a prescription from an Australian doctor.