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Writer's pictureColin Mendelsohn

New regulations for pharmacy vape sales are a resounding failure

Updated: Dec 12, 2024

A NATIONWIDE SURVEY OF PHARMACIES has revealed that the new regulations intended to make low-nicotine vapes (≤20mg/mL nicotine) available without a prescription (as Schedule 3 medicines) have been largely ineffective.

The survey of 305 pharmacies revealed that 99% of pharmacies (n=301) did not have low-nicotine vapes available for a walk-in customer

Just 6 more (2%) indicated they would order them upon request, underscoring widespread non-participation despite repeated assurances from the Health Minister.

The survey was conducted in metropolitan and rural areas across all Australian states and territories during the first two weeks of October, following the introduction of the new regulations on 1 October 2024.

The new regulations were meant to provide adult smokers with easier access to nicotine vapes, after the failure of the prescription model. The prescription model has been largely rejected by vapers and doctors – only 7% of vapers had a prescription in 2023 (National Drug Strategy Household Survey, 2022-23) – and has fuelled an increasingly violent black market (over 125 firebombings and 3 contract killings since March 2023) and widespread youth access.

However, the new prescription-free initiative faced challenges from the start due to a lack of consultation with the pharmacy industry and strong opposition from the Pharmacy Guild of Australia. As a result, many pharmacy chains and individual stores chose not participate in the plan.

Compounding the issue, pharmacies are prohibited from advertising that they stock nicotine vapes, making it difficult for adult vapers to find participating stores. Furthermore, certain states, such as Tasmania, have outright banned the sale of Schedule 3 vaping products, with Western Australia expected to follow.

Among the 35 vapers who collected data for the survey, none were able to purchase their usual vaping product from any of the pharmacies surveyed. Those pharmacies that stocked vapes had a very small range, usually only one or two products. The market was dominated by just two vape models, one being manufactured by tobacco giant Phillip Morris.

Adding to the dissatisfaction, available flavours are restricted to tobacco, mint, and menthol, which has little appeal for most adult vapers accustomed to a wider range of options.

Another barrier is that low-nicotine Schedule 3 vapes are effectively banned from online sales

A separate survey of 10 online Australian pharmacies selling vapes revealed that only one sold the products without a prescription. The main concern is the need for a comprehensive consultation with the pharmacist, which is difficult to conduct online. Additionally, in NSW and the ACT, pharmacists must physically hand the vape products to the customer, preventing online sales.

The prescription model failed to serve adult vapers, fuelling a thriving black market that freely supplied vapes to young people. After just two weeks, the pharmacy-only model is also proving inadequate for Australia’s 1.7 million adult vapers, most of whom are unable to legally access vaping products. As a result, some will likely relapse to smoking, a far more harmful alternative, while the majority will continue to turn to the black market for unregulated products.


Comments from vapers who helped with the survey

Sue (59-year-old vaper from WA)

“I live in a remote town in Western Australia. The two pharmacies in town do not stock vapes and many local people are finding it very difficult to access legal supplies, especially older vapers who are not familiar with online purchasing. The nearest pharmacy that stocks vapes is 500 km away. One Indigenous man who previously smoked 40 cigarettes a day told me he is considering going back to smoking.”

James (61-year-old vaper from the NT)

“It seems that no pharmacies sell vapes in the Northern Territory, which has the highest smoking rate in Australia, especially among Indigenous people. I rang 19 pharmacies in Darwin, Katherine and Alice Springs. Not one stocked vapes and none had plans to do so in the future. Many vapers in the NT will have no choice but to go back to smoking.”

Pam (70-year-old vaper from WA)

“The pharmacy model is completely impractical for me. Obtaining a doctor’s prescription is difficult, the selection of products in pharmacies is very limited, and the legally available flavours are unappealing. On top of that, the cost of pharmacy vapes is significantly higher than what I used to pay.”

Paul (64-year-old vaper from Melbourne)

“Most of the chemists I spoke to were not interested in stocking vapes. The few that were stocking vapes did not stock the vapes or liquids I use and were pretty much clueless of even the most basic facts of vaping.”

Other media coverage

Further reading

Survey resultsS3S4In stockWill orderIn stockWill orderTotal surveyed3054

1.3%6

2%29

10%42

14%Capital cities1823

1.6%4

2.2%18

10%27

15%Other1231

0.8%2

1.6%11

9%15

12%State distributionNSWVicQldSAWATasACTNT 4785653732101019LocationCapital cityOther 182123Product brandsNicovapeVeev (PMI brand)WildRelx282142

Range of products available

Of the 305 pharmacies, satisfaction with the range of products was rated on a 5-point Likert scale

from 1-5:  1=very poor, 2=poor, 3=OK, 4= quite good 5= very good

Ratings: quite good: one, OK: one; poor: three.

The rest were very poor, or no products at all.

Own product available

Of the 30 vapers who conducted the survey, none reported that their usual product was available.

Survey methodology

The survey was conducted by 35 adult vapers by phone or in person from 3-15 October 2024. The Survey Questionnaire can be downloaded here.

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