Are Australia’s Vaping Laws Achieving Their Goals? Insights for Industry Stakeholders

Australia has some of the strictest vaping regulations globally, introduced to reduce nicotine addiction and protect young people. Recent data, however, raises questions about whether these laws are effectively supporting smoking cessation or unintentionally driving the market underground. For industry stakeholders, understanding these dynamics is essential for compliance, risk management, and strategic decision-making.

 

Vaping in Australia: Market Overview

 

Approximately 1.7 million Australian adults use vaping products. Despite legal reforms, much of the market remains unregulated, with illegal and imported products still widely consumed.

Legal access to low-strength therapeutic vapes (≤20 mg/mL) via pharmacies, introduced in October 2024, has seen slower uptake than expected. TGA data indicates that by May 2025, only around 40,000 notifications had been lodged nationwide—fewer than 200 legally supplied non-prescription vapes per day. In comparison, millions of illegal vapes are still seized annually, highlighting a significant gap between policy and market behaviour.

 

Challenges for Legal Supply

 

Several factors contribute to underutilisation of legal pathways:

• Limited pharmacy participation: Not all pharmacies are authorised or equipped to supply therapeutic vapes

• Prescriber availability: Few authorised prescribers, making access for patients inconsistent

• State-by-state variation: Access differs across jurisdictions

• Professional caution: Some pharmacists and doctors remain hesitant due to safety concerns, regulatory complexity, and the lack of full TGA medicine approval

These factors not only impact consumer access but also present operational and compliance considerations for businesses navigating the legal market.

 

Risks of Unregulated Products

 

Illegal or unregulated vaping products continue to circulate widely. Key risks include:

• Higher-powered batteries and larger liquid volumes, increasing safety hazards

• Unpredictable nicotine concentrations, affecting user behaviour and dependence

• Inaccurate labelling, making it impossible to quantify nicotine intake

For businesses, these products represent both regulatory risk and liability exposure, and they undermine efforts to maintain safe, compliant supply chains.

 

Protecting Younger Consumers

 

One primary objective of the regulations is to reduce uptake among young people. Early data suggests some success: without the reforms, over 1,000 additional teenagers might have started vaping weekly. Higher prices and restricted availability of illegal products appear to be discouraging youth uptake, which is encouraging for public health and compliance outcomes.

 

Balancing Smoking Cessation and Enforcement

 

Therapeutic vaping reforms aim to balance public health objectives with support for smoking cessation. However, enforcement challenges remain:

• Vapes are easily hidden, transported, and sold illegally

• Legal pathways must be simple, accessible, and consistently enforced alongside measures to limit illicit supply

For industry participants, understanding this balance is crucial for risk management, compliance planning, and product strategy.

 

Implications for Industry Stakeholders

 

Businesses operating in Australia’s vaping sector should be aware of the following:

• Regulatory complexity: Legal pathways exist but require careful navigation

• Compliance risk: Supplying unregulated products can carry legal and reputational consequences

• Market opportunity: Well-structured, lawful supply channels are underutilised

• Education gap: Supporting informed decision-making among consumers can strengthen trust and adherence

For wholesalers, retailers, and other stakeholders, alignment with regulated pathways is not only a compliance requirement but also a strategic advantage in maintaining credibility and protecting public health.

 

Looking Ahead

 

The Federal Government is continuing to collect data on therapeutic vaping product supply and use. This information will be crucial for refining policies and shaping future market dynamics.

For businesses, staying informed and compliant with evolving regulations is essential to mitigate risk, optimise operations, and support safe, lawful nicotine use in Australia.

 

References:

Tsirtsakis, A. Are Australian vaping laws effective or falling short? newsGP, RACGP, 02 July 2025

Therapeutic Goods Administration. Therapeutic Vaping Goods: Unapproved Therapeutic Goods