A Cautionary Tale: Australia’s Over Regulation of Tobacco and Nicotine

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“This would mean that vaporiser nicotine products, including nicotine-containing e-cigarettes would require a valid prescription (except for tobacco cigarettes or TGA-approved smoking cessation products such as gums, sprays and patches). As part of this consultation the proposal will also be considered by a Ministerial advisory committee. A final decision is expected to be announced early in 2021,” the two groups stated in its press release.

Prior to this announcement, there was already an existing ban in all Australia states and territories on the sale of e-cigarettes containing vapor nicotine. Australia has been taking a hard stance against tobacco and nicotine for some time. On June 9, 2020, the Appellate Body of the World Trade Organization (WTO) issued a ruling on complaints filed by Honduras and the Dominican Republic against Australia’s tobacco plain packaging law. The two countries argued that Australia’s plain packaging requirement would lead to a decline in the value of imported tobacco products as a result of consumers shifting from premium to non-premium products due to the plain packaging and lack of distinctiveness between the brands. Similar to the proposed ban e-cigarettes and nicotine vapor products, the WTO argued that Australia’s plain packaging would aid in the country’s goal to improve overall public health through measures that would reduce the appeal and use of tobacco products.