Article Updated 2 May 2023.
With four tobacco shops in the Lane Cove Village Area, vaping is something that local parents are concerned about.
A leading Australian expert has called for the total banning of direct sales of vaping products. In a paper published yesterday (15 March 2023) Associate Professor Becky Freeman of the University of Sydney says predatory retailers, manufacturers and importers of vaping products have exploited loopholes in regulations to flood the market with illicit products that appeal to young people.
She has called for all sales of vaping products, other than those prescribed by a doctor to aid in quitting smoking, should be stopped to curb skyrocketing uptake of e-cigarettes in young people.
In theory, Australia’s regulatory model should be effective in protecting young people from taking up vaping since a prescription from a medical practitioner is now required to access nicotine-containing products, which must only be used as an aid to quit smoking.
But in practice, Dr Freeman says manufacturers continue to import and sell vaping products that contain nicotine by simply failing to label them as containing nicotine or falsely claiming they are nicotine-free.
“Distinguishing between a legal non-nicotine vaping product and an illegal nicotine-containing device requires laboratory testing, which hamstrings effective enforcement of the regulations,” she writes.
“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. This would also end young people’s easy access to vaping products.”
A recent survey showed that about one-third of Australian teens aged 14-17 have vaped at some time, while previous research has found that vaping can cause harms such as poisoning, burns, addiction and lung injury.
Dr Freeman writes that Australia has fallen behind in tobacco control since the landmark plain packaging reforms of over a decade ago. Public health action has been understandably focused on the COVID-19 pandemic in recent years, which has led to stalled momentum in chronic disease prevention. Tobacco, alcohol, gambling and fast food industry players have been quick to seize the opportunity to exploit this lack of focus, she says.
“The Australian Government has been caught off guard by an aggressive industry that seeks to undo decades of effective tobacco control,” she writes.
But she writes that the good news is that “after 10 years of minimal action”, new measures and initiatives are in the pipeline to reduce smoking, which remains the single most important preventable cause of ill health and death in Australia.
In November 2022, the Federal Government announced it would reignite the fight against tobacco addiction with a package of new measures. Although these have yet to be put to the Australian Parliament, they are expected to include updated graphic warnings on tobacco products; prevention of the use of additives such as flavours and menthol; and a requirement for tobacco companies to be transparent about their sales volumes, pricing, product ingredients and emissions, as well as their advertising, promotion and sponsorship activities.
A new National Tobacco Strategy with ambitious targets for reducing smoking rates was recently endorsed by health ministers, while the Therapeutic Goods Administration recently launched a consultation on potential reforms to prevent children and adolescents from accessing vaping products.
In December 2022 the Australian Medical Association called for:
“Stronger regulatory measures to curb the proliferation of recreational non-nicotine vaping products, which include but are not limited to:
- implementing similar regulation to tobacco products, such as health warnings, better labelling, plain packaging and tobacco licences
- a targeted federal response to monitor and act on illegal advertising and promotion of vaping products, particularly online and on social media
- better enforcement of existing state and territory regulation to help block illegal vape sales both online and through shopfronts.”
Lane Cove Council has no control over the types of stores that open in Lane Cove (as long as they fall within the description of commercial premises). However there are other steps Lane Cove Council could take.
At the March Lane Cove Council Meeting Lane Cove Mayor Andrew Zbik the Lane Cove Council resolved:
| MAYORAL MINUTE – TAKING ACTION AGAINST THE SALE OF VAPING AND E-CIGARETTE PRODUCTS TO CHILDREN AND TEENAGERS UNDER 18 YEARS OF AGE | |
| 40 | RESOLVED on the motion moved by Councillor Zbik and seconded by Councillor Kennedy that Council:-
1. Write to NSW Health and the Health Minister requesting assistance with local enforcement of the sale of vaping products to minors and conduct a review on the licensing regime for the sale of tobacco and other related products; 2. Promote on its social media channels the importance of contacting Crimestoppers if there is a suspected sale of vaping products to minors; and 3. Amend all smoke free Lane Cove signage to include vaping products and share educational material on Council’s website and social channels to ensure locals are aware that vaping products are prohibited in smoke free areas. |
| For the Motion were Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla and Bennison (Total 7).
Against the Motion was Nil (Total 0). |
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Is this enough, what about banning vaping in Lane Cove Plaza, writing to the State Government and asking for a ban on vapes and also changes to planning legislation to limit the number of tobacco stores in a designated area.
At the Mosman Council’s March Meeting, the councillors resolved to:
“Council resolved to review its policy on the management of smoking in public places, last reviewed in 2007, to incorporate more contemporary practices including vape products and e-cigarettes. It was further resolved that the Mayor write to the State Government seeking a ban on the sale of all e-cigarettes except at designated pharmacies and by prescription only.”
Since October 2019 North Sydney Council has had a smoking ban in the North Sydney CBD that includes cigarettes and vaping.
Before you start selling tobacco, non-tobacco smoking products or e-cigarettes, the Public Health (Tobacco) Act 2008 requires businesses to notify NSW Health by applying for a retailer identification number (RIN). There are no other requirements. This should be contrasted with obtaining a liquor licence where there is a strict licensing and enforcement regime.
