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Queensland retailer fined for violating strict vape laws

Australian health authorities have cracked down on illegal vape sales, issuing a $18,780 fine to a Queensland retailer.

The Therapeutic Goods Administration (TGA) has taken further action to combat the unlawful sale of vapes in Queensland, issuing an infringement notice to a retailer for the unlawful possession of a commercial quantity of vaping goods at their store in Bundaberg. Over 350 vapes were located and seized at the store on 1 August 2024 when TGA officers executed a warrant, as part of a joint enforcement operation with Queensland Health. 

This operation underscores the commitment of both the TGA and Queensland Health to ensuring compliance with the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024, which prohibits retailers such as tobacconists and convenience stores from selling any type of vape. Only Australian pharmacies are permitted to supply vapes. 

Australia tightens the reins on vaping

The Australian Government has implemented stricter regulations on vaping products to protect public health, particularly among young people. Starting from July 1, 2024, the sale of all vapes, regardless of nicotine content, has been restricted to pharmacies. This means that tobacconists, vape shops, and convenience stores can no longer sell these products. From October 1, 2024, individuals aged 18 and older can purchase vapes with a nicotine concentration of 20 mg/mL or less from participating pharmacies without a prescription, subject to state and territory regulations. However, they must consult with a pharmacist to discuss the product, dosage, and alternative quitting methods.

Key points of the new regulations:

  • Age restrictions: Individuals under 18 years old require a prescription to access vapes.
  • Nicotine concentration limits: Vapes with higher nicotine concentrations require a prescription.
  • Flavor restrictions: Only mint, menthol, and tobacco flavors are permitted.
  • Packaging standards: Vapes must adhere to plain pharmaceutical packaging.

These measures are part of the Australian Government’s broader efforts to combat the rise in vaping, particularly among young people, and to reduce the associated health risks.

“The unlawful possession and sale of vaping products endangers public health and undermines our efforts to regulate vaping goods in accordance with the legislation that passed on 1 July 2024,” said Professor Anthony Lawler, Head of the TGA and Chief Medical Officer. “The TGA continues to work with state and territory partners to remove illicit vaping goods from the market and will take action against those entities found to not be complying, including retailers.”

This legislation establishes 2 lawful pathways for accessing therapeutic vapes- directly from a pharmacist, or via a pharmacist with a prescription. Patients aged 18 years and older may purchase certain therapeutic vapes from participating pharmacies without a prescription, depending on state and territory regulations.  Since 1 July 2024, enforcement officers have been visiting retail stores across various states and territories to educate and issue warnings about unlawful advertising, supply, and commercial possession of vaping goods, with informational materials being disseminated widely.  This domestic initiative complements ongoing activities at the border, where over 6.5 million vaping goods, valued at more than $195.5 million, have been seized by the Australian Border Force and TGA combined since 1 January 2024. Further joint enforcement operations are planned across the states and territories. 

The TGA encourages anyone with information about the unlawful sale of vaping products to report it to the TGA. To learn more about the regulations surrounding vaping goods, visit our Vaping Hub. For a more detailed account of the operation and the ongoing efforts by TGA and QLD Health in addressing illicit vaping products, please refer to the TGA’s earlier media release, TGA and Queensland authorities seize alleged illicit vaping goods and nicotine pouches in joint enforcement operation

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Yajush Gupta

Yajush Gupta

Yajush is a journalist at Dynamic Business. He previously worked with Reuters as a business correspondent and holds a postgrad degree in print journalism.

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