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WA set to challenge vaping reforms

Medical Forum·September 26, 2024
Medical Forum Weekly
·2 mins read

West Australians will still need a doctor’s prescription to buy vaping products under a planned State Government bypass of Commonwealth laws. Despite the furore surrounding the Federal Government’s decision to legislate pharmacy-only sales of vaping products, the WA Government will forgo the Green’s provision to enable former smokers to purchase the products over the counter, without a prescription.


“Community pharmacists don’t want to be selling vapes, [that was] their very clear message to us,” WA Health Minister Amber-Jade Sanderson told ABC Radio Perth. 

“We have essentially moved to seek our own independent legal advice, and we have received that now which essentially outlines that it wouldn’t be an issue constitutionally for the state to override this part of the legislation with the West Australian regulations. 

“So, what that means is we’re drafting regulations which will essentially eliminate that part of the Commonwealth law so that it will still be illegal in Western Australia to access vapes without a prescription.” 

Cancer Council WA has come out in full support of the proposed new regulations, noting that nearly half a million (473,254) illegal vapes have already been seized by WA Health in the two years to June 2024. 

WA Make Smoking History Manager Libby Jardine said it was a welcome addition to regulatory changes introduced by the Commonwealth Government a few months ago. 

“We welcome the announcement by Health Minister Amber-Jade Sanderson for new regulations banning the sale of vapes without a prescription,” Ms Jardine said. 

“It is an added safeguard that protects the health of West Australians from the harms of nicotine addiction and the toxic chemicals in vapes.” 

The interim report of the state government’s survey, Talking about vaping: WA young people’s views and experiences of e-cigarettes, which surveyed over 4,000 young people aged 12-18 between 1 May 2023 and 5 June 2023, revealed that almost 50% more young people reported they have ‘ever tried’ ‘vaping’ compared to those who have ‘ever tried’ smoking. 

Similarly, four times as many young people reported they ‘vape’ “most days”, compared to those who reported they smoke “most days”.  

“These changes will further prevent young people from starting to vape. We know that young people who vape are five times more likely to then try smoking compared to their non-vaping peers,” Ms Jardine. 

“These products are dangerous, particularly for young people, and none have been approved by the Therapeutic Goods Administration (TGA) as a cessation aid to help with quitting smoking.  

“That means vaping products sold in Australia have not been formally evaluated by the TGA for quality, efficacy and safety (unlike most medicines available for sale in Australia) and is why they aren’t recommended as a first option to help any person to quit smoking.”  

Cancer Council’s Tobacco Issues Committee Chair, Ms Alecia Brooks, said it was important to remember the proposed changes would not “ban” vaping for smoking cessation.  

“It ensures vaping for smoking cessation is available by prescription for quitting smoking with the personalised advice of a medical practitioner,” she clarified. 

“For people who want to set themselves up with the best chance of quitting successfully, the evidence suggests TGA-approved pharmacotherapies like nicotine patches and gum alongside behavioural counselling like from the Quitline.” 

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