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While the U.S. languishes<\/a> on e-cigarette reforms, Australia on Monday introduced some of the world\u2019s most restrictive vaping laws as part of the global effort to combat what the World Health Organization calls an \u201calarming<\/a>\u201d rise in youth vaping.\u00a0<\/p>\n Effective immediately, the reforms<\/a> prohibit the supply, manufacture, import, or sale of a vape device outside a pharmacy in Australia. The ban applies to all vapes regardless of whether they contain nicotine.<\/p>\n Under the new regulations, Australians must also have a prescription from their general practitioner to purchase a vape. At the pharmacy, they will have a limited choice of three flavors: menthol, tobacco, and mint, and will need to engage in a discussion with the pharmacist before making a purchase.\u00a0<\/p>\n The concentration of nicotine in these vapes will be controlled, and their packaging will be \u201cpharmaceutical-like,\u201d according to the bill<\/a>. The law aims to address the \u201cscourge\u201d of recreational vaping, Mark Butler, the health minister, said in a statement.<\/p>\n \u201cIt is a public health menace, particularly for children and for young people,\u201d Butler said. About 22% of 18-to-24 year-old Australians reported using e-cigarettes or vaping devices at least once, governmental data<\/a> last year showed. Yet at least 61% of these vapers in a similar age group have expressed the desire to quit, according to The Associated Press<\/a>.\u00a0<\/p>\n The laws \u201cwill return vapes and e-cigarettes\u201d to their intended purpose: a therapeutic remedy for smoking cessation, the health department said in the statement after the law passed.\u00a0<\/p>\n Many countries have moved recently to regulate their e-cigarette markets. As many as 121 countries or territories regulate electronic nicotine delivery systems, according to a 2023 WHO<\/a> report. Of those nations, 33 have banned the sale or importation of vapes entirely, though e-cigarette black markets<\/a> thrive in some of these countries, including India and Turkey.\u00a0<\/p>\n Australia\u2019s prescription-based model is unique, but many of the nation\u2019s other reforms have been replicated by its affluent peers. Australia banned disposable vapes starting Jan. 1, and the United Kingdom followed quickly, then went a step further, banning the sale of tobacco to anyone born in 2009 and after to create a \u201csmoke-free generation.\u201d\u00a0<\/p>\n In the U.S., regulations have moved much slower. The FDA has authorized only 27 tobacco<\/a>\u2013 and menthol-flavored e-cigarette products and devices, largely from popular brands including NJOY and Vuse. Notably, other brands such as Juul, Lost Mary, and Elf Bar don\u2019t make the list, and these vapes continue to be sold illegally. Chinese e-cigarette manufacturers also flout vape restrictions, making millions<\/a> importing flavored disposable vapes into the American market.\u00a0<\/p>\n Last month, American politicians tore into top public health officials for not enforcing their own laws during a contentious hearing on youth vaping.\u00a0<\/p>\n \u201cYou\u2019re failing!\u201d Judiciary Chairman Dick Durbin (D-IL) said during a heated exchange with Deputy Assistant Attorney General Arun Rao, representing the Justice Department. These officials, during the meeting, pledged to act quicker on enforcement.\u00a0<\/p>\n While Australia may be touting a \u201cworld-leading\u201d reform for vaping restrictions, its new law comes with loopholes already in place. Under a last-minute amendment<\/a>, restrictions will soon ease up slightly. Starting in October, adults over the age of 18 will no longer need a prescription, but will be required to have a \u201cconversation\u201d with their pharmacist before purchasing a vape over the counter. Children under the age of 18 will still need a prescription to purchase a vape.<\/p>\n Additionally, vapes purchased in Australia can have a nicotine concentration of no higher than 20 mg\/ml, which is the limit many other nations have. In the U.S., vapes with more than twice of that nicotine content dominate the market<\/a>, according to Truth Initiative, an anti-smoking nonprofit.\u00a0<\/p>\n A previous version of Australia\u2019s law already required a prescription to buy vapes, which could be more widely sold\u2014but retailers were able to skirt the law<\/a> by pretending their vapes don\u2019t contain nicotine. Young people have found it easy to obtain <\/a>these vapes.<\/p>\n But now that it\u2019s illegal to sell vapes outside of pharmacies, the law effectively transfers the burden of managing the nation\u2019s e-cigarette supply from tobacco shops and retailers to pharmacists.<\/p>\n The Pharmacy Guild of Australia, which represents the nation\u2019s pharmacy owners, opposed<\/a> the bill, arguing that they did not want to sell \u201chighly addictive\u201d vapes without a prescription.\u00a0\u00a0<\/p>\n \u201cThe Senate\u2019s expectation that community pharmacies become vape retailers and vape garbage collectors is insulting,\u201d the guild said in a statement.<\/p>\n It is now up to each individual pharmacy to decide whether to sell vape products. Pharmacists will have to verify the age of the buyer, provide them with advice on smoking cessation, and ensure that they have not purchased more than one month\u2019s supply. It is not yet clear what that supply refers to, or how it is quantified.<\/p>\n While illegal vape sellers could spend<\/a> up to seven years in jail for violating the new provisions, the law does not criminalize possessing personal-use quantities of vapes, including illicit ones. A person can have up to nine vapes on them at a time, according to The Guardian<\/em><\/a>. There will be a 12-month amnesty period, in which people with more than nine vapes can surrender or dispose of their surplus vapes.<\/p>\n Michael Bonning, a spokesperson for the Australian Medical Association, the nation\u2019s top doctors\u2019 group, said the new law would create a \u201cseismic shift in how accessible vapes are.\u201d<\/p>\n \u201cThese are world-leading reforms that doctors and all health professionals have pushed for,\u201d Bonning told Australian Broadcasting Corp.<\/p>\n However, it is unclear yet how enforcement of the retail ban will work. As of Monday, several convenience stores and tobacconists continued to easily sell their flavored nicotine products, The Guardian <\/em>reported.<\/p>\n\nWhy Australia\u2019s approach is unique\u00a0<\/strong><\/h2>\n
Loopholes and problems in the law<\/strong><\/h2>\n