Pat Conaghan MP

Call for More Specific Legislation Around the Sale of Vape Products

Federal Member for Cowper Pat Conaghan is calling on the Government to introduce updated legislation around the sale and distribution of vapes and e-cigarettes.

“Any parent with a teenager has received an ever-increasing number of notifications and warnings from their child’s school around the use of vapes. And while smoking amongst students is not a new phenomenon, the current ease of access and lack of comparative data around the health risks are,” Mr Conaghan stated.

“Any adult smoker will tell you how easy it is to buy vapes containing nicotine over the counter at any number of corner stores, petrol stations and tobacconists, despite the fact that it is currently illegal in New South Wales to do so without a prescription. And while I don’t begrudge the choice for adults who are aware of the risks or are transitioning from regular cigarettes, what does concern me is the complete lack of regulation around this product currently when it comes to young people.”

Unlike regular tobacco cigarettes, there are currently no laws on a Federal level around plain packaging or warning label information, and each state has different laws around the enforceable penalties for unlawful production and supply, with NSW’s being a fine of up to a maximium $1,650. The current margins on vapes when sold over the counter illegally in NSW are substantial. Due to the high levels of tax on standard cigarettes, e-cigarettes represent a much cheaper option, allowing a level of price gouging that is appealing to distributors and that render the possible fines an acceptable risk.

Mr Conaghan also notes that the product itself is currently marketed towards a younger age bracket, with candy like flavours ranging from Cheesecake to Cola, with many brands producing brightly coloured packaging and street art styled logos.

“Your average smoker looking to convert to an e-cigarette is not going to be lured in by a product that smells and tastes like fake Cheesecake. Neither are they going to be impressed by a fluoro green case. These products are aimed at engaging a younger market who are far more likely to pick these up than a cigarette. And while I appreciate that many studies point to vapes being a healthier alternative to tobacco, Nicotine is still an addictive substance and we have not seen enough data around the long-term effects of vaping.

“I believe we need to see stronger regulation around the production and sale of vapes in this country, replicating a similar model to traditional cigarettes. Plain packaging, warning labels, minimum age requirements and enforceable penalties for those caught distributing outside the regulations. Blindly allowing a fresh generation to become addicted to Nicotine is not something I’d like to see in this country. I will be working with my colleagues to see updated legislation hit the Parliamentary floor as soon as possible.”

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