Vaping Regulations In Australia And Impact On Business

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Vaping Regulations In Australia And Impact On
Business
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The newly proposed reforms do not criminalise
vapers from any angle.
Any individual found in possession of vapes is
not guilty of any charge and shall not be not be
criminalised by the Australian Government.
The reforms are directed towards curbing import
and export of nicotine based disposable vapes
that pose significant health risks.
Therapeutic vapes can be prescribed by qualified
medical practitioners using the new special
access scheme C pathway.
Key Takeaways
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• The Australian vaping industry seems to have
  kicked off the new year on a rough note. With
  vaping posing significant risks, the
  Governor-General has issued new reforms via
  amendments in therapeutic goods. But everything
  is not at loss.
• The newly introduced reforms are targeted towards
  curbing nicotine based vaping. It doesnt
  interfere with legitimate patient needs for
  smoking cessation medication.
• So, where does it leave local manufacturers and
  retailers? Sure the threat is imminent, but there
  seems to be an exciting proposition. Heres
  everything you need to know.

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TGA Authorization and Disposable Vapes

• Reportedly, the import of disposable vapes
  starting January 2024 is now prohibited, with
  limited exceptions. Lets understand how this
  shapes up future decisions for vape businesses.
• It doesnt matter how high or low the nicotine
  content or even therapeutic claims, the ban takes
  into account all kinds of disposable vapes. Only
  a TGA authorised prescriber can recommend
  disposable vapes supported by patient
  prescriptions.
• All vaping products that were ordered earlier
  this January and are due delivery also falls
  under the ban.
• International travellers coming to Australia are
  exempted to carry a pre-decided quantity for
  medicinal needs.
• Other non-nicotine disposable vape distributors
  can be supplied by local retailers in line with
  the state or territory law.

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The Special Access Scheme C Pathway

• Starting this January, doctors, nurses and other
  qualified medical practitioners will have the
  right to prescribe therapeutic vapes. However,
  this should be done to help with smoking
  cessation needs or manage nicotine dependence.
  This is made possible via special access scheme C
  pathway significantly lowering administrative
  pressure applying to TGA for pre-approval.

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• Besides the new pathway, the existing Special
  Access Scheme B pathways can still be used by
  medical practitioners. More notable changes are
  due to be introduced in March 2024.
• Starting March 2024, all non-therapeutic vape
  imports are prohibited, including the ones under
  personal importation scheme. In other words, no
  patient even with a prescription can order vapes
  from abroad anymore.
• Non-therapeutic, non-nicotine vapes imported
  before March 2024 can be sold by vape suppliers.
• New pre-market requirements will affect
  manufacturing and import of therapeutic vapes.
• Importers are required to obtain a permit and a
  customs licence to legally import therapeutic
  vapes.
• Importers will have to notify the TGA about their
  products matching new standards like limited
  flavours (mint, tobacco, menthol).

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The Way Forward For Australian Vape Retailers

• All therapeutic vapes either manufactured or
  imported before March 2024, can still be supplied
  by pharmacists. However, the vapes must meet the
  product standards applicable during that time.
  Its a welcome decision that will allow seamless
  supply of therapeutic vapes and keep running the
  businesses for several retailers. Local liquid
  lab brands like Ocenea Liquids continue to supply
  cleanroom ejuice to retailers which seems to be
  the only viable option.

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Bottom Line

• Further, therapeutic vapes with medicinal
  cannabis will follow a different regulation.
• In all probability, there will be new standards
  for private label e liquid manufacturing,
  particularly for therapeutic vapes with reduced
  permissible nicotine concentrations.