Australia’s strict ban on vapes has inadvertently led to a violent black market and dangerous health risks from unregulated products, a new expert paper has said.
Vapes can only legally be bought in Australia from a chemist following a consultation with a pharmacist. Disposable and flavoured vapes (except mint, menthol and tobacco) are also banned, taxes have risen, and nicotine strength is limited. The government introduced the strategy last year with the aim of reducing the appeal of vaping among young people.
However, a new expert commentary published in the Harm Reduction Journal, argues that it has led to far more harm than good.
A burgeoning black market
The paper, by James Martin of Deakin University and Edward Jegasothy of the University of Sydney, says: “While traditional tobacco control measures have achieved commendable declines in smoking rates, recent policies – including increased tobacco taxation and a ban on consumer vapes – have inadvertently fuelled a burgeoning nicotine black market.
“This has resulted in serious unintended consequences, including increased criminal activity, systemic violence, and health risks associated with the proliferation of unregulated nicotine products.”
The report argues that Australia’s current strategy is mirroring many of the unintended consequences historically associated with drug prohibition, and calls for a move toward a more balanced regulatory approach.
It says: “We contend that a recalibration toward a harm reduction model, coupled with a re-evaluation of tax and improved access to less harmful nicotine products, could achieve a more balanced approach to nicotine control, aligning public health objectives with sustainable, effective policy.”
Nicotine Australia’s second largest illegal drug market
The paper highlights that nicotine now constitutes the second largest illicit drug market in Australia in terms of the number of consumers.
“Unsurprisingly, the emergence of a black market of this size has been accompanied by serious and escalating levels of criminal activity,” it says. “Competition amongst rival criminal groups for control of the nicotine black market has resulted in what news media have dubbed the ‘tobacco wars.’
“This has involved over 200 arson attacks targeting premises linked to the sale of illicit nicotine products since the beginning of 2023 until January 2025
“Systemic violence has also extended beyond arson to include a growing number of homicides, kidnappings, assaults, robberies, and instances of extortion targeting both black market operators and legitimate retailers.”
A costly ‘de facto war on nicotine’
The paper says the aggressive response required from Australia’s law enforcement has led to a “de facto war on nicotine.” It says this has brought significant costs including systemic violence, loss of government revenue, and threats to the safety of both consumers and the wider public.
Meanwhile, it points to the experience of countries like Sweden, where the availability of safer nicotine alternatives such vapes, snus, and pouches have led to significant declines in smoking and related death rates.
Sweden recently became the first Western nation to achieve a smoke-free threshold of five per cent daily smoking prevalence.
The paper says: “A similar approach in Australia – one that embraces harm reduction and affords easier access to less harmful nicotine products – would also help reduce crime, reduce government expenses, limit impacts on individual liberty, and improve public health in a more sustainable, equitable, and efficient manner.”
