Media Release: Australian vapers call on Federal Government to give up their $13 billion addiction to tobacco excise
13 January 2023
On behalf of 1.2 million adult Australian vapers, Legalise Vaping Australia (LVA) formally made its submission to the Federal Government’s review of regulation of nicotine vaping products today, calling for vapes to be sold as an adult consumer product and for Canberra to give up its addiction to tobacco taxes, and focus on saving lives instead.
The public consultation period for the Therapeutic Goods Administration (TGA) review on vaping reforms closes on Monday, after being open to the public for less than 7 weeks including the Christmas and New Year period when working Australians were busy taking a much-needed break with their families.
Despite the TGA explicitly precluding any consideration of the adult consumer regulatory frameworks that are clearly working in New Zealand, the United Kingdom, the European Union, Canada, the United States, and almost every OECD country, LVA has cooperated in good faith with the Federal Government’s consultation process.
LVA Campaign Director Brian Marlow welcomed the Federal Government’s acknowledgement of the failure of its existing regulatory model which, for the past 12 months, has required adults to get a prescription from a GP to access a safer alternative to deadly cigarettes which are freely available.
Rather than controlling access as intended, the regulatory framework has led to dangerous and unregulated products being available all over the country, including to minors. LVA believes the current policy settings will embolden illegal operators and consign Australia’s 2 million existing smokers to a lifetime of using tobacco, which remains the world’s biggest cause of preventable disease.
“We call on the Australian Government to give up its addiction to $13 billion in tobacco taxes it receives each year. Instead, it should consider internationally-proven common sense reforms that will reduce the harms caused by tobacco which kills 2 in 3 long term users and effectively control illegal youth access to the black market that cannot be controlled by prohibition,” Marlow said.
“Australia is the only country in the world that restricts lawful access to nicotine vaping products solely on a medical prescription-only basis. Because of this prohibition approach to a product that is 95% less harmful than cigarettes, there are now over 1 million Australian adult vapers who are purchasing NVPs from black market criminals that have no hesitation in also selling to children.
“Instead, a new regulatory model should be aimed at preventing young people from accessing nicotine vaping products, while supporting access for adults who use these products for smoking cessation,” said Marlow.
KEY EXTRACTS FROM LVA’S SUBMISSION
“Our membership implores the Minister for Health and Aged Care to see past the vested interests behind the TGA’s stated intention outlined in the consultation paper to regulate a “local medical products-only industry of suppliers of prescription-only NVPs” and introduce a regulatory model that provides lawful adult retail access to NVPs, removing the need for Australia’s 1.1 million vapers to buy from the black market and putting those criminals who sell to children out of business.”
“As the New Zealand Prime Minister Jacinda Ardern stated “we know that vaping is making a difference” and our membership knows NVPs can make the same difference in Australia if we adopt New Zealand’s successful regulatory framework.”
“Is the TGA seeking to underwrite the Australian Government’s addiction to the $13 billion of tobacco taxes it receives each year or is it to protect the profits of the multinational pharmaceutical companies that sell over the counter nicotine products and are represented on the TGA’s advisory committee? From the consultation paper published, the TGA certainly does not seem interested in reducing the harms caused by tobacco which kills 2 in 3 long term users or reducing illegal youth access to a black market that cannot be controlled by prohibition.”
Mr Marlow said: “Prime Minister Anthony Albanese and Federal Health Minister Mark Butler have a chance to continue the Australian Labor Party’s strong track record of effective regulation of tobacco and nicotine products that favours ordinary people, especially people on low incomes who are currently addicted to cigarettes.
“Making vaping products a well-regulated consumer product will support Australian families of smokers, whose household income is getting chewed up by price rises in every essential item.
“Having the easy option to switch from smoking to vaping as a choice – through well-regulated but legal consumer availability of nicotine vaping products with appropriate restrictions on sales and marketing -- will not just reduce the medium and long-term burdens on the health system, but it will get people off deadly tobacco products, which the Labor Party has so effectively regulated and managed with policy in the past.
“We look forward to constructive engagement with the TGA, the Albanese Government, and the Parliament on this important policy discussion.”