"My community is very concerned that that shop (an illegal tobacco & vapes seller) and other shops like it couldn't be closed down and that very little action could be taken."
Timeline:
15 May 2024:
"To come back to the reason why I support this bill, the availability of vapes is of enormous concern to my community. The approach has been low regulation—you can't sell nicotine vapes in our stores; you have to get a prescription for that. But these nicotine vapes are absolutely everywhere. In my electorate of Wentworth I was appalled, as was the principal, to find that a tobacco shop had opened just two doors down from the entrance to my old school, with tobacco vapes out the front. In that particular situation, I know that the store was approached by the health department. They looked at it and found that they were selling nicotine vapes. My community is very concerned that that shop and other shops like it couldn't be closed down and that very little action could be taken. I think my community is looking for much stronger action on vapes."
Allegra Spender Is Wrong, Here's Why:
Allegra Spender MP’s support for the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024 is based on several flawed assumptions, a misunderstanding of tobacco harm reduction, and a failure to acknowledge real-world evidence. Below is a fact-based rebuttal that clarifies why her arguments are incorrect.
1. “Vaping is a new form of nicotine dependence that has emerged quickly, particularly among young people.”
The Facts: Vaping Is a Harm Reduction Tool That Helps Smokers Quit
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Vaping is not simply another nicotine product—it is a safer alternative to smoking. Unlike cigarettes, it does not burn tobacco, which is the primary cause of smoking-related diseases.
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Major public health bodies, including the UK’s Royal College of Physicians and Public Health England, endorse vaping as a harm reduction tool that significantly reduces smoking rates.
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Countries where vaping is widely available, such as the UK and New Zealand, have seen sharp declines in smoking rates.
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Nicotine addiction without combustion is significantly less harmful than cigarette smoking.
Youth Vaping Context:
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Most young people who try vaping do so experimentally and do not become regular users.
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Increased youth vaping rates have coincided with record-low youth smoking rates, suggesting vaping is displacing smoking rather than fueling it.
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Prohibition does not prevent youth access—it drives young people to the black market, where they obtain unregulated, high-nicotine products.
2. “If we could have stopped smoking 100 years ago, we should have. That’s why we should try to stop vaping now.”
The Facts: Vaping and Smoking Are Not the Same
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The comparison between smoking and vaping is misleading. Smoking is deadly—vaping is significantly safer.
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Tobacco smoking causes cancer, lung disease, and heart disease due to tar, carbon monoxide, and thousands of toxic chemicals in cigarette smoke. These substances are not present in vapes.
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Vaping is not simply “the new smoking”; it is a harm reduction strategy, similar to nicotine patches or gum, but more effective.
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If we had vaping 100 years ago, it could have prevented millions of smoking-related deaths.
3. “Nicotine vapes are absolutely everywhere, despite requiring a prescription.”
The Facts: The Prescription Model Has Fueled a Black Market
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Australia’s prescription-only model has failed—it has created a massive black market, making vapes more accessible to youth.
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Countries with regulated, legal retail sales of vapes (UK, New Zealand, Canada) have stronger enforcement against illegal sales, preventing youth access while maintaining harm reduction benefits for adults.
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Prohibition has never worked in public health—whether it’s alcohol, drugs, or vaping, banning legal sales only strengthens criminal networks.
4. “Shops selling vapes near schools show that vaping is being marketed to children.”
The Facts: Regulation, Not Prohibition, Prevents Underage Access
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The UK, New Zealand, and Canada enforce strict age verification and regulate vape sales, preventing youth access while keeping vapes available for adult smokers.
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Black market dealers do not follow age restrictions—legal retailers do. Removing legal sales does not solve the problem.
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If age enforcement was the real concern, the solution should be stricter penalties for selling to minors—not banning vapes entirely.
5. “Brightly colored vapes with flavors like bubblegum and banana milkshake are clearly targeting children.”
The Facts: Flavors Are Essential for Helping Adults Quit Smoking
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Adult smokers prefer fruit, dessert, and sweet flavors over tobacco flavors, as they help disassociate vaping from smoking.
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Restricting flavors makes vaping less appealing to smokers, reducing its effectiveness as a smoking cessation tool.
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The idea that flavors inherently target children ignores the reality that flavors are a critical factor in adult smoking cessation success.
6. “One-third of 14- to 17-year-olds in New South Wales have tried vaping.”
The Facts: Experimentation Does Not Equal Addiction
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A single-use or occasional use of a vape is not the same as addiction.
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Most youth who try vaping do so experimentally and do not become regular users.
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Youth smoking rates are at historic lows, suggesting that vaping is preventing cigarette use rather than encouraging it.
7. “The current regulations are not working, so we need stronger laws.”
The Facts: Overregulation Is the Problem, Not the Solution
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Australia’s approach is not failing because vaping is allowed—it is failing because the government’s restrictive prescription model has fueled an unregulated black market.
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Stronger laws will not eliminate vaping; they will drive the market further underground, where youth will continue to access illegal products.
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The UK and New Zealand’s regulated approach has proven more successful in reducing both smoking and youth vaping rates.
8. “This bill will help end the tobacco industry’s insidious marketing of vaping to children.”
The Facts: The Black Market, Not the Vape Industry, Is the Problem
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The claim that “Big Tobacco” is driving the vaping industry is misleading—independent vape companies developed vaping as a harm reduction tool.
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In countries where vaping is regulated, marketing and advertising are strictly controlled to prevent youth exposure.
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Banning legal sales will not stop youth vaping—it will push young people toward unregulated, illegal sellers.
9. “The government needs to take stronger action to eliminate vaping.”
The Facts: Prohibition Will Worsen the Problem
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Banning vapes while leaving cigarettes widely available makes no sense—cigarettes are significantly more harmful.
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Stricter regulations will not stop vaping; they will only push it further into the hands of illegal sellers.
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The best approach is a regulated, legal market with strict age verification and product safety standards, similar to the UK and New Zealand models.
A More Effective Approach
Ms. Spender’s speech is based on misinformation and flawed logic. Instead of doubling down on prohibitionist policies that have already failed, Australia should adopt a regulated, evidence-based vaping policy, similar to the UK, New Zealand, and Canada, where:
✅ Smoking rates continue to fall.
✅ Youth vaping is controlled through proper retail regulation.
✅ Black markets are minimized.
✅ Adult smokers have legal access to a harm reduction tool.
By banning vapes, Australia is driving people back to smoking, strengthening criminal networks, and failing to protect youth. A legal, regulated market is the real solution.