Recommendations to TGA consultation on proposed reforms to regulation of nicotine vaping products

Blog: 17 January 2023

Heart Foundation recommendations to TGA consultation on proposed reforms to the regulation of nicotine vaping products

The Heart Foundation welcomes the Australian Government’s renewed focus on tobacco control and the decision to undertake a TGA consultation on the regulation of vaping and e-cigarette products. There is increasing evidence that e-cigarette use by young people can be a gateway to smoking and nicotine addiction.

In response to the TGA consultation, the Heart Foundation is making a number of specific recommendations to be implemented in unison, these include:

• the introduction of import controls on all vaping products (Nicotine Vaping Products (NVPs), non-nicotine products and devices) by declaring all vaping products are included as ‘prohibited imports’

• registration requirements of NVPs in the Australian Register of Therapeutic Goods following successful evaluation of quality, safety and efficacy (for smoking cessation)

• support to improve the minimum Quality and Safety Standards for NVPs

• clarification on the status of NVPs as therapeutic goods which could enable the TGA to take regulatory action in relation to NVPs that contain nicotine, but are not labelled as such.

The Heart Foundation views increased control of e-cigarettes, nicotine vaping products (NVPs) and non-nicotine NVPs as one of the most important areas for policy and regulatory reform by the Australian and state and territory governments. From 2016 to 2019 there was a doubling in 18–24 year-old Australians using e-cigarettes, and approximately 230,000 people aged 14 and older reporting daily e-cigarette use (2019). This dramatic increase in vaping, particularly amongst Australian children over the last 5 years, is of significant concern and should be addressed as a high priority.

A sizeable black market supplying NVPs has emerged and is openly selling vaping products without fear of prosecution owing to a lack of enforcement action. Rather than NVPs being used as a therapeutic device to aid those looking to cease smoking, they are being routinely supplied to adults and children. The TGA consultation paper does not consider potential changes to the regulation of vaping products that do not contain nicotine, nor vaping devices. To have maximum impact in addressing the concerning increase in vaping and to protect the community, and in particular children and adolescents, the Heart Foundation recommends the Australian Government regulates and/or bans non-NVPs in conjunction with the reforms proposed through this consultation. Non-NVPs serve no constructive purpose, but their continued sale is being used to legitimise vaping as a practice, and to mask the sale of under the counter NVPs.

In addition, the Heart Foundation recommends the Australian Government utilises a whole of government approach, working with State/Territory Governments, to control importation and supply around the sale of NVPs across the country.

(Stock photo from Unsplash)