The TGA has launched a public consultation process on vaping as the Federal government announces plans to introduce new legislation to drive down smoking rates – its Reignite Tobacco Reforms.
The TGA’s consultation paper will be open until 16 January 2023, with feedback submitted via the TGA Consultation Hub, and will form the basis of a structured discussion around import controls for vaping products, flavour controls for juices and labelling requirements to address advertising issues with minors.
Minister for Health and Aged Care, Mr Mark Butler, made the dual announcement on 30 November 2022, highlighting that smoking remained the leading cause of preventable death and disability in Australia, with a ten-year gap in life expectancy between long-term smokers and non-smokers.
“In my lifetime smoking has killed more than a million Australians. Every year, tobacco still claims the lives of more than 20,000,” Minister Butler said.
“And it is the poorest and the most marginalised Australians that have paid the price: in both health and economic terms, disadvantaged groups are hit more than three times harder than others in the community…
For example, 23% of the gap in health outcomes between First Nations communities and other Australians was driven by smoking and it was identified the most significant modifiable risk factor facing the Closing the Gap Initiative.
“First Nations peoples and disadvantaged Australians are disproportionately paying the price for the past 10 years of inaction. And now terrifyingly, so are our children,” Minister Butler said.
“Principals of primary and high school students are continually telling me and my colleagues that vaping is their biggest behavioural challenge that they face in their schools.”
He pointed out that primary school teachers were being forced to step in and educate grade five and grade six students about the dangers of inhaling nicotine from vapes, with children buying and selling vapes in schools after sourcing them online or from illegal retailers.
“I have heard a very clear message from the public health sector, from parents and school communities, that these vapes out there with pink unicorns, or bubble gum and fruit flavours are not being marketed to adults – that is clearly marketing that is pitched to children and young adolescents.
“We want to see whether there is a general view in the community that we should put import controls in place. We also want to learn from the lessons of plain packaging in tobacco.”
Public comment on potential reforms will be sought on four main areas:
- Changes to border controls for nicotine vaping products to curb the unlawful supply of nicotine vaping products in Australia
- Pre-market TGA assessment of nicotine vaping products against a product standard to create a regulated source of quality products to encourage doctors to prescribe, pharmacies to supply and vaping consumers to purchase safer and quality assured products lawfully
- Strengthening the product standard regarding minimum quality and safety standards for nicotine vaping products to make them less attractive to children and adolescents
- Clarifying the status of nicotine vaping products as therapeutic goods to ensure that any vaping product containing nicotine is captured by the regulatory framework.
Submissions to the TGA will be tendered before a meeting with Health Ministers from every state and territory to discuss how to mount a coordinated response to the problem.
“All Health Ministers have agreed that this is a priority area for us for strong action, but it will require coordinated action across a range of portfolios at both Commonwealth and state levels,” Minister Butler said.
“We know that particularly over the period of COVID vaping rates skyrocketed and we now have a very serious challenge ahead of us, which is why we need all levels and agencies of government in on this.
“And it’s not just vaping – I am determined to see Australia reclaim its position as a world leader on tobacco control because quite frankly, lives are at stake… Which is why today I am also announcing that the Albanese government plans to introduce new legislation to drive down smoking rates.”
He pointed out that Australia’s current tobacco related measures are split across as many as eight different laws, regulations, instruments, and court decisions.
“This convoluted patchwork of regulations with gaps, and smokers are falling through those cracks,” Minister Butler said.
“The Government plans to bring together its current tobacco measures along with 11 new measures, into a single streamlined and effective Act of Parliament, which will reignite the fight against tobacco and nicotine addiction.
“After nine years of inaction, the graphic warnings on cigarette packs that were once world-leading have frankly started to lose their impact. At best, those warnings are ignored, and at worst, they are mocked.
“We will pursue measures to update and improve health warnings with new graphic warnings on all tobacco products. We know these warnings work, but when a smoker pulls a cigarette out of the pack, there is nothing at the moment to remind them of the harms that cigarettes cause.”
The Government will seek to make individual cigarettes less appealing by using unattractive colours or printing warnings – such as ‘smoking kills’ – on every individual stick, as well as standardising the size of tobacco packs and products to remove existing loopholes that have allowed tobacco companies to promote their products.
Similarly, the planned legislation will prevent the use of specified additives and tobacco products including flavours and menthol, as well as limiting the use of appealing names on products that could falsely imply that these products were less harmful.
“Things like organic or light – there is nothing light about lung cancer,” Minister Butler explained.
“We will require health promotion inserts to be put into every pack and every pouch, and update advertising regulation to capture e-cigarettes.
“This Act will also require tobacco companies to be open and transparent about their sales volumes and their pricing, their product ingredients, and their emissions, along with their advertising, promotion, and sponsorship activities.
“Australia was once a world leader on tobacco control, and we are now a laggard. The 11 measures in the Government’s Reignite Tobacco Reforms will put us back into a world leading position alongside fellow OECD nations like New Zealand and Canada.”
Those interested in participating in the consultation process can access the TGA Consultation Hub via the following link: https://consultations.tga.gov.au/medicines-regulation-division/proposed-reforms-to-the-regulation-of-nicotine-vap/.