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Parents “confused” by Australia’s vape laws, new report finds

Parents in Australia “don’t really understand” confusing new vape laws, a government-funded report has revealed. 

Since October, vapes can only legally be bought in the country from a chemist following a consultation with a pharmacist. Disposable and flavoured vapes (except mint, menthol and tobacco) have also been banned and a limit has been imposed on nicotine strength. 

However, the report – commissioned by the Federal Government Department of Health, the New South Wales (NSW) Ministry of Health, Cancer Institute NSW and Minderoo Foundation – found that many parents have little to no awareness of the new legislation. 

‘I’m clueless’

It said: “Many [parents] indicated that they had limited or no awareness of the laws with one participant describing themselves as “clueless”.”

The study, published in the Health Promotion Journal of Australia, said there was obvious confusion over aspects of the law regarding purchase, supply and possession.  

It added: “For example, one participant thought that the legal age to buy vapes was at 12 years old, whereas others thought vapes were restricted to adults only (aged 18 years or over).”

Many of the parents interviewed said they believed vaping laws were the same as tobacco laws, such as having smoke-free areas in public spaces.

Participants also believed nuances existed about children being able to buy vapes but not e-liquids, and there was uncertainty about the timing of laws coming into effect.

Vape laws “pointless”

The Australian government had initially made vapes illegal without a prescription, but back-pedalled last summer to gain the support of the Green party.

“Many participants were learning the details of the current laws during the focus group discussions,” the study said. “Participants acknowledged that they did not know that a prescription was [previously] required to purchase nicotine containing vapes. 

“Parents were surprised at this, commenting that this was not what they expected the laws to be particularly given the perceived easy accessibility and visibility of vapes.”

Some parents said they felt the strict vape laws were “pointless” given that far more harmful cigarettes can still be easily purchased. And some argued that adults are old enough to be aware of the potential risks and should be free to make the choice themselves to vape or not.

Vape use still common

The report added: “Discussions about vaping laws and what they do and do not entail appeared to generate further confusion for some participants who sought clarification in areas.”

Many participants expressed surprise that vape use, access and sales in general appeared very common, despite the laws. 

Some went further by talking about the paradoxical nature of an illegal behaviour being done so blatantly and it being socially accepted. The role of retailers, such as vape stores, tobacconists and service stations, was raised as an issue and highlighted by many as an example of why the laws are not effective.

“Specifically, parents believed that some retailers are knowingly selling vapes to minors, including nicotine-containing vapes,” the report said. 

In total, 92 individuals participated in the study across 18 focus groups.

The study concluded: “Ensuring public knowledge about vaping laws is accurate and communicated effectively is paramount. Parents are public health allies in this issue, who can play an important role in addressing adolescent vaping, however, need to be supported in doing so.”

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