Victoria's anti-vaping laws slammed as inadequate amid illegal product flood

Anti-vaping advocates and public health experts argue Victoria's laws and enforcement are inadequate to crack down on a flood of imported illegal products being sold to fuel potentially dangerous addictions.

The Victorian government this week introduced new laws into parliament which would give police the power to close shops for 90 days if they're found to be selling illegal tobacco.

But the new laws do not cover illegal vaping products.

Quit Victoria is a partnership between VicHealth, Cancer Council Victoria, the Victorian government and the Heart Foundation.

The organisation's director, Rachael Anderson, told the ABC that Quit believes the illegal tobacco laws should encompass illegal vapes.

Vaping products can only legally be sold in pharmacies in Victoria, with pharmacists required to direct those customers to cessation support services.

There is a large black market, however.

Australian Border Force has seized an estimated 19.4 million illegal vaping products, worth just over $1 billion, since federal vaping laws were reformed in January 2024.

The Therapeutic Goods Administration (TGA) also removed 2.2 million unlawful vaping products from the community, worth $110.5 million, during that time.

Ms Anderson said illicit vaping products were generally sold alongside illicit tobacco, and widely available in the community.

"There's a lot of red tape around the capacity of the Victorian tobacco licensing workforce to be able to effectively enforce what happens when illegal vaping products are found on a premises," she said.

"We would really encourage governments to look a bit broader whilst that legislation is changing to consider how it can be further strengthened to be able to capture action on vaping."

Victoria 'failing the whole nation'

An estimated 80 per cent of the cigarettes and nicotine products consumed last year, including vapes, were illegal, according to the Australian Bureau of Statistics.

University of Melbourne professor of public health Michelle Jongenelis said Victoria's laws fell short when it came to vapes.

"The officers are saying we can't do anything about vapes and it's really disappointing because we told them when the legislation was being drafted: you absolutely have to include these new products," Professor Jongenelis said.

"Just telling people that a product is harmful doesn't work," she said.

"It needs to be combined with policy and regulation and unfortunately in Victoria we are really failing the whole nation when it comes to our approach to how we're dealing with these products."

In Victoria there were only 14 officers who could visit the stores, compared to Queensland's more than 200 officers, Professor Jongenelis said.

The Victorian government last month announced it planned to increase the number of inspectors to 42 this financial year.

A government spokesperson did not directly address questions about whether any further changes to Tobacco Licensing Victoria were being considered.

"We are cracking down on illicit tobacco and the organised crime gangs it funds — and we're going further by introducing tough new powers so Tobacco Licensing Victoria can close down businesses caught selling illicit tobacco," a spokesperson said.

Victoria's Casino, Gaming and Liquor Regulation Minister Enver Erdogan said the seizure of illegal vape products was primarily an issue for the TGA, which is a federal agency.

"Where illegal vapes are found, we also seize them and we've seized a large amount of illegal vapes as part of operations and so has Victoria Police in the past," Mr Erdogan said.

"But the regulation of vapes sits squarely with the TGA and the Commonwealth health department."

The TGA said, under the National Vaping Enforcement Framework, Commonwealth agencies, state and territory health departments and police "work together to enforce the vaping reforms, including the roles and responsibilities."

The TGA said it had been involved in 14 multi-agency enforcement activities related to illegal vape products in Victoria in the past two years.

The TGA would not say how many staff were working on compliance and enforcement regarding illegal vapes in Victoria.

'I thought I was going to die'

Quit is fighting a battle on two fronts: convincing the government to do more to stop the sale of illegal vapes while also trying to persuade young people not to take up the habit.

"We know that young people are the ones most likely to pick up vaping and so we are really focusing our efforts around young people," Ms Anderson said.

Quit said the number of people taking up vaping had plateaued since e-cigarette products were restricted to pharmacies in 2024.

But the organisation hopes a new public health messaging campaign will make inroads on deterring one demographic in particular.

Earlier this year, a review led by University of New South Wales (UNSW), found vapes containing nicotine were likely to cause oral and lung cancers.

The review brought together a range of evidence including mouse studies, case reports, biomarker studies in humans and a chemical analysis of the ingredients in nicotine-based vapes.

Cancer risk aside, researchers found a range of other diseases could be attributable to vaping, which could no longer be considered "safer than smoking".

Quit's new video advertisements highlight the health problems linked to vaping, along with the addictive nature of the products, which can only legally be sold in pharmacies in Victoria.

Participants in the Every Vape is a Hit to Your Health campaign recount "real vape harm stories", including episodes of chest pains, migraines and emergency hospitalisations.

"I really did think I was going to die," one participant says in the advertisement.

Another participant, Clarissa, recounted her own health issues linked to vaping.

"In the years that I vaped I felt lethargic and unfit. I struggled to walk up a flight of stairs without getting puffed."

"I couldn't go to the movies and concentrate because I was having nicotine withdrawals every 30 minutes."

Professor Jongenelis, who was not involved in the Quit campaign, said there was evidence that such advertisements could changes people's vaping habits.

"Messages that focus on the chemical ingredients in e-cigarettes, messages that focus on how addictive e-cigarettes are, they are more likely to be effective," she said.

"We also need to be making sure that we're pairing those messages with a supportive message that actually encourages young people to quit and gives them guidance on how to do it."