Australia’s pharmacy-only vape laws are pushing consumers into the arms of organised crime, critics have warned.
Under landmark federal reforms introduced in October, nicotine vapes can only be legally sold in the country through pharmacies.
The policy was designed primarily to curb youth vaping, with heavy penalties for those caught flouting the rules. But nearly nine months on, new government data shows fewer than 200 non-prescription vapes are being sold in pharmacies each day – which totals just over 40,000 since the scheme began.
Millions of illegal vapes seized
In stark contrast, more than nine million illegal vapes have been seized nationwide since January 2024, raising serious concerns about the scale and persistence of the black market.
Health Minister Mark Butler has defended the restrictive strategy, claiming Australia now has record-low smoking rates across all age groups. “We’re taking on big tobacco on one hand and organised crime on the other,” he said, calling the approach a “world-leading” public health initiative.
The Therapeutic Goods Administration (TGA) echoed this sentiment, pointing to increased enforcement capabilities and reductions in youth vaping.
However, critics from across the political and retail spectrum argue the numbers tell a different story.
Opposition health spokeswoman Anne Ruston said the low pharmacy sales shows the government’s plan is “quite clearly, not working.” She noted that most pharmacies are unwilling to even sell vapes.
“The real tragedy is that young Australians are being pushed into the hands of organised crime,” she said.
The TGA does not know how many vapes have been sold via prescriptions, though only about 3000 medical practitioners are approved to prescribe them nationwide.
Lack of access is fuelling black market
NSW Liberal MP Kellie Sloane added that the lack of access through legal channels is driving consumers to tobacconists and other unregulated sellers. “People are buying them illegally, and if not buying the vapes, they’ll buy the illicit tobacco,” she warned.
Retail advocates are also urging a complete rethink. Theo Foukkare, CEO of the Australian Association of Convenience Stores (AACS), has called for Australia to adopt a model similar to New Zealand, where tightly regulated nicotine vapes are sold by licensed retailers. This model bans youth-targeted flavours and disposable devices but allows controlled retail access for adults trying to quit smoking.
“The Kiwis have taken the adult approach to this, and it’s worked,” Foukkare said.
He argues that Australia’s total retail prohibition has backfired. “It’s bloody terrifying for our members,” he said, pointing to a wave of firebombings and extortion attempts by gangs trying to force stores to sell illegal products. He said members are “at the mercy of criminal gangs that threaten to, and often do, fire bomb their stores if they don’t sell dodgy, illegal vapes and illicit tobacco for them.”
Failing public health and retail workers
Foukkare accuses the Albanese government of clinging to ideology while failing both public health and retail workers.
He said: “When will the Australian Federal Government finally realise it has failed on community health and safety, and failed retailers by putting their safety at risk, while sending their businesses broke because it is marrying itself to its failed vape and tobacco excise policy?”
“When will Prime Minister Anthony Albanese and Health Minister Mark Butler finally see that constantly jacking up the taxes on illicit tobacco is directly sending Aussie adult smokers to the black market and handing billions of dollars to organised crime and giving even more power to these dangerous crime groups?”
