Proposed reforms to the regulation of nicotine vaping products

Closed 16 Jan 2023

Opened 30 Nov 2022

Overview

The Therapeutic Goods Administration (TGA) is seeking public comment on potential reforms to the regulation of nicotine vaping products (NVPs) in Australia.

The potential reforms are aimed at preventing children and adolescents from accessing NVPs, while supporting access to products of known composition and quality for smoking cessation with a doctor’s prescription.

We are seeking public comment on whether you support potential reforms in 4 main areas:

  1. Changes to border controls for NVPs – to curb the unlawful supply of NVPs in Australia
  2. Pre-market TGA assessment of NVPs against a product standard – to create a regulated source of quality NVPs to encourage doctors to prescribe, pharmacies to supply and vaping consumers to purchase ‘safer’ products lawfully
  3. Strengthening the product standard regarding minimum quality and safety standards for NVPs – to make them less attractive to children and adolescents, for example by not permitting certain flavours or labelling
  4. Clarifying the status of NVPs as ‘therapeutic goods’ – to ensure that any vaping product containing nicotine is captured by the regulatory framework.

Consultation paper

Consultation paper - Proposed reforms to the regulation of nicotine vaping products.

Making a submission

To make a submission:

  1. Read the consultation paper about the proposed reforms to the regulation of NVPs in Australia (see link above).
  2. Go to the online consultation questions (see 'Give us your views' below), complete and submit your response.

This consultation will be open until COB 16 January 2023 and feedback can be provided via the 'Online Survey' link at the bottom of this page.

Note that if you make a submission, it will be published to comply with Australia’s obligations under Article 5.3 of the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), which requires Australia to protect its public health policies from all commercial and other vested interests of the tobacco industry. Those interests may be related to tobacco products and electronic nicotine delivery systems, including for example, NVPs. The Guidelines for implementation of Article 5.3 require that the Australian Government ensures that any interaction with the tobacco industry on matters related to tobacco control or public health is accountable and transparent. While names of individuals (including officers of an organisation or company) can be redacted by the TGA on express request, it is not possible to make "in confidence" submissions to this public consultation.

Support services

Some people may find issues relating to smoking cessation distressing. If you or someone you know needs additional support, please contact any of the below crisis support helplines:

Adult

  • Lifeline: 13 11 14
  • Suicide Call Back Service: 1300 659 467
  • Beyond Blue: 1800 512 348
  • MensLine Australia: 1300 789 978

Youth

  • Kids Helpline (5-25 years): 1800 551 800
  • Headspace: 1800 650 890
  • ReachOut

Why your views matter

Evidence is emerging that the reforms that commenced on 1 October 2021, which classified NVPs as prescription medicines under the Poisons Standard, are not adequately meeting the aim of preventing children and adolescents from accessing NVPs, while supporting access to products of known composition and quality for smoking cessation with a doctor’s prescription. Children are continuing to access NVPs in higher numbers, and many adults are accessing NVPs on the black market, rather than through lawful supply channels with a prescription from an Australian registered doctor. In addition, the lack of pre-market assessment of products against a quality and safety standard by the TGA has reduced prescriber and pharmacist confidence in these products as prescription medicines.

We are seeking your input on whether you support some or all of the proposed regulatory reforms in relation to NVPs and, whether you have additional or alternative proposals.

What happens next

This consultation has now closed. We will review all feedback received in response to this consultation.

 

Audiences

  • Anyone from any background

Interests

  • e-Health
  • Legislation
  • Regulatory policy
  • Alcohol
  • Tobacco
  • Drugs and substance abuse
  • Prescription drugs
  • Strategic Policy
  • Cancer