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As a general rule, under Australian poisons laws, the sale, possession and use of nicotine in the form of an electronic cigarette is currently against the law. The devices are designed to simulate the act of smoking tobacco cigarettes but do not involve the burning of tobacco.
Non-nicotine products are also available and many brands both nicotine and non-nicotine come in fruit, confectionery and other flavours. As a general rule, under Australian poisons laws, the sale, possession and use of nicotine in the form of an electronic cigarette is currently against the law although there are some limited exceptions. This is due to legislative controls on nicotine that apply in each State and Territory by reason of nicotine being classified as a 'Schedule 7 — Dangerous Poison' under the Commonwealth 'Poisons Standard'.
There are also electronic cigarettes that do not contain nicotine. Only products that have been approved by the Therapeutic Goods Administration can be marketed as quitting aids.
So far, no electronic cigarette has received approval from the Therapeutic Goods Administration. Laws in other states and territories might differ to laws in Victoria. In Victoria, it is not illegal to sell non-nicotine electronic cigarettes. However, new laws were passed regarding electronic cigarettes on 13 October These laws include the following:. Electronic cigarettes are likely to be less harmful than cigarettes, but the short and long-term health impacts of using electronic cigarettes remain unknown.
Products involving delivery of chemicals to the lung are normally only approved after extensive evaluation on safety and efficacy. This process also ensures that products come with specific instructions on safe use. Products currently on the market in Australia have not passed through this process and so their safety cannot be guaranteed. Research on electronic cigarette safety and their use as quitting aids is continuing to evolve and we will monitor developments and update this information accordingly.
No electronic cigarette product has been approved by the Therapeutic Goods Administration as an aid to help with quitting smoking. There is limited independent research into whether electronic cigarettes are effective as quitting aids and because electronic cigarettes vary in terms of ingredients and designs, findings on one type of electronic cigarette cannot be said to apply to other types. While there are anecdotal claims of electronic cigarettes being used as an aid to quitting, there are also reports of users increasing their nicotine addiction and dual use of both electronic cigarettes and smoked tobacco.
There are many quitting aids which are approved by the Therapeutic Goods Administration that are safe to use and are shown to increase long-term quitting rates.
These include patches, gum, lozenges, mouth spray and inhalators, as well as stop-smoking medications such as Champix or Zyban. On 13 October , the Victorian Parliament passed new legislation which prohibits the sale of electronic cigarettes to people under the age of 18 regardless of whether they contain nicotine.
The new legislation applies from 1 August Employers may wish to implement a policy prohibiting the use of electronic cigarettes at the workplace because:. See our information sheet: Electronic cigarettes in workplaces. We will continue to monitor research on electronic cigarettes and will update our information accordingly. Research relevant to the potential impacts of electronic cigarettes on public health is continuing to evolve including in areas such as safety of the product, cessation efficacy and trends in awareness and use.
However, Cancer Council Australia and the Heart Foundation Australia believe that based on past experience in tobacco control and early research on electronic cigarettes, there is sufficient information to act on three particular regulatory gaps in order to prevent uptake and use of electronic cigarettes by young people and other risks to public health: Read the full Electronic Cigarettes position statement.
The way in which tobacco products are displayed in retail stores influences smoking rates and promotes smoking as a normal everyday behaviour. Looking for Reasons to quit smoking A plan to get ready to quit Tips to stay on track Advice on having another go at quitting Ex-smokers' stories Factsheets. Information for professionals Quit education Client groups Order resources.
What are electronic cigarettes? These laws include the following: The new laws apply from 1 August For more information on: Legal status of electronic cigarettes in Australia. Employers may wish to implement a policy prohibiting the use of electronic cigarettes at the workplace because: In addition to potential short and long-term health effects, other issues of concern include: The tobacco industry has a vested interested in continuing to promote smoking behaviour and products and has a significant history in deceiving consumers.
Restricting the retail sale of non-nicotine electronic cigarettes. It is currently unlawful to sell electronic cigarettes that contain nicotine without approval from the Therapeutic Goods Administration.
This restriction should also apply to non-nicotine electronic cigarettes, which come in a variety of fruit, confectionery and other flavours that appeal to children. Laws in South Australia, Western Australia and Queensland prohibit the sale of products that resemble tobacco products. There are no such laws in other states and territories, meaning that non-nicotine electronic cigarettes when marketed without therapeutic claims can be lawfully sold, including to young people.
Ensuring smoke-free laws in each state and territory cover electronic cigarette use. The purchase, possession or use of electronic cigarettes containing nicotine is currently unlawful under state and territory poisons and public health laws. However, these laws are complicated and difficult to enforce. Prohibiting use of all electronic cigarettes under smoke-free laws in all States and Territories would make the law clear for the community and ensure that both nicotine and non-nicotine electronic cigarettes are not used in places where smoking tobacco is prohibited.
Prohibiting advertising and promotion of electronic cigarettes, consistent with tobacco advertising prohibitions. Electronic cigarettes are being aggressively promoted, with young people and children clearly identified as a target market. Electronic cigarette advertising should be subject to similar restrictions as tobacco products.
Suggested Resources Retailers The way in which tobacco products are displayed in retail stores influences smoking rates and promotes smoking as a normal everyday behaviour. Electronic cigarettes Research relevant to the potential impacts of electronic cigarettes on public health is continuing to evolve including in areas such as safety of the product, cessation efficacy and trends in awareness and use. Sign up to our newsletter to receive the latest news, launches and policy updates from Quit.