Australia Backtracks on Nicotine Import Ban: Is It Too Late to Save Vaping Down Under?

On 19 June, Australian Health Minister Greg Hunt made the sudden announcement that Australia would be banning the personal importation of e-liquid with nicotine as of 1 July.

Hunt backtracked the following week, saying that the ban would be delayed until the beginning of 2021. Vapers across Australia relaxed a little in the knowledge that their ability to continue vaping isn’t going to disappear – not yet, at least.

Nevertheless, Hunt’s actions show that he does not intend to continue giving Australian vapers the wide berth they’ve enjoyed over the past several years.

What’s happening, and how is vaping in Australia likely to change over the next year? Is there anything that you can do to prevent yourself from losing the freedoms you now enjoy? Let’s dig in.

Why Does Greg Hunt Want to Ban Nicotine Imports?

According to the Australian Therapeutic Goods Administration, the ban on nicotine imports is merely an extension of the laws that are already in place.

All Australian states and territories have already banned the sale of nicotine e-liquid, which means that domestic retailers like Sydney vape shop Ivanna Vape can only legally sell vape juice that’s nicotine free.

It seems clear that the Australian government would prefer that people quit smoking via other means.

Until now, though, Australian vapers have been free to privately import e-liquid with nicotine for personal use.

To import e-liquid legally, you merely need to obtain a doctor’s prescription stating that nicotine is a necessary therapeutic good that helps you quit smoking.

You can then buy it from any overseas retailer who ships to Australia, as long as you abide by regulations that limit how much you can import at any one time or during a single calendar year.

According to the website of the Australian Therapeutic Goods Administration, banning the personal importation of nicotine e-liquid is a necessary step that continues the government’s cautious approach to vaping.

Some members of the government also believe that more tightly controlling adult access to e-liquid will help to prevent teens from vaping.

How Can I Get E-Liquid After the Ban Takes Effect?

When the ban takes effect, it will end the personal importation of nicotine e-liquid into Australia.

That means you as a consumer will no longer have the ability to order the products of your choice from the vendors of your choice and have them shipped directly to you.

To get e-liquid with nicotine, you’ll need to do the following:

You’ll need to get a doctor’s prescription. The Australian Tobacco Harm Reduction Association maintains a list of doctors who can help you with this. This is the one part of the law that isn’t new;

Australia has always required vapers to obtain prescriptions for nicotine before importing e-liquid. Enforcement of that rule has been spotty, so many people who vape do so without prescriptions.

Once the ban takes effect, you will have no choice but to obtain a prescription because your doctor will be your only source of e-liquid with nicotine.

• You’ll need to find someone who can import or produce the e-liquid for you. When the ban takes effect, you’ll have three options for that.

• Your doctor can import the e-liquid. He or she will have to apply with the Therapeutic Goods administration to become an authorised supplier of nicotine. He or she will then have to apply with the Office of Drug Control for an import permit. Most doctors in Australia probably won’t go through the trouble of doing these things, but a few undoubtedly will because e-liquid imports will become a great source of income for the doctors who go through the necessary hoops.

• Your doctor can refer you to a pharmacy that has the required authorisation to import nicotine e-liquid.

Your doctor can refer you to a compounding pharmacy that can make the e-liquid for you. Reports have indicated that the quality of e-liquid from Australian compounding pharmacies varies greatly.

Most of the e-liquid obtained from compounding pharmacies is unflavoured. Anyone caught importing e-liquid privately will be subject to a fine of up to $222,000. Needless to say, the import ban will make e-liquid with nicotine very difficult for Australians to obtain.

Undoubtedly, the ban will also discourage some people and drive them back to smoking.

Can I Do Anything to Prevent the Nicotine Import Ban From Happening?

Groups like the Australian Tobacco Harm Reduction Association have pooled the resources of the Australian vaping industry and are already doing their best to stop the ban. In addition, the ban lacks widespread support within the Australian Parliament.

Within the government, there was significant backlash because Minister Hunt announced the ban without giving Parliament an opportunity to debate it.

In particular, 28 MPs sent a letter to Hunt warning that the regulatory burden he was imposing on Australia’s vapers would inevitably cause many of them to return to smoking.

In addition, the MPs criticised the timing of the new regulations. Not only was the issue not put to a debate in Parliament, but consumers also weren’t given adequate time to prepare – and all of this took place in the midst of a worldwide pandemic.

If you’re an Australian vaper, the best thing you can do right now is contact your elected representatives and tell them about the profound effect that vaping has had on your life.

Groups like AHTRA – and the members of the Australian vaping industry – are working hard to ensure that members of Parliament hear consumers’ concerns and understand that Hunt’s proposed ban on e-liquid imports establishes a set of regulatory hurdles so onerous that many Australian smokers won’t even bother trying to switch to vaping.

If you really want to make a difference, though, don’t rely exclusively on advocacy groups to do the talking for you.

It takes only a few moments to make a phone call or write a letter explaining the terrible toll that the ban would have on you and your ability to continue being an ex-smoker.