"The Government is not taking away the ability for patients to legitimately access vaping goods for smoking cessation or the management of nicotine dependence, where clinically appropriate."
Timeline:
16 May 2024:
"Today, I introduce the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024.
The Bill builds on Labor's long history of pioneering tobacco control reforms, harking back 50 years ago to when the Whitlam Government introduced the first restrictions on tobacco advertising. That legacy continued with the introduction of Australia's world-leading tobacco plain-packaging reforms just over 10 years ago, and again with the Albanese Government's push to reignite the fight against tobacco, with the Public Health (Tobacco and Other Products) Act 2023, which was passed in Parliament last year."
"The Government is also providing $29.5 million to expand specialised programs and services to support Australians to quit smoking and vaping, and $141 million to extend and widen the Tackling Indigenous Smoking program to reduce both vaping and smoking among First Nations people."
Katy Gallagher Is Wrong, Here's Why:
Senator Katy Gallagher’s speech in support of the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024 contains significant misinformation, flawed assumptions, and policy recommendations that contradict global public health best practices. Below is a fact-based rebuttal, supported by scientific evidence, public health research, and real-world policy outcomes.
1. “Vaping could undo all the progress we’ve made in tobacco control.”
The Facts: Vaping Is Reducing Smoking Rates, Not Undermining Tobacco Control
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In countries where vaping is widely available (like the UK and New Zealand), smoking rates have declined significantly.
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The UK Royal College of Physicians states that vaping is one of the most effective tools for reducing smoking rates
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Australia’s failure to legalize and regulate vaping has led to a thriving black market, making it easier—not harder—for young people to access vapes.
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A ban on legal vapes will likely increase cigarette sales, leading to worse public health outcomes.
2. “If vapes are therapeutic goods, then they should be regulated as such.”
The Facts: Vapes Are Both a Consumer and Therapeutic Product
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Vapes are not just a medical product—they are a harm reduction alternative to cigarettes, similar to nicotine gum or patches.
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In the UK and New Zealand, nicotine vapes are legally sold as consumer products while still being used for smoking cessation.
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Restricting vapes to pharmacies only makes access difficult for smokers who need them, pushing them back to smoking or to illegal markets.
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Australia is one of the only countries that forces vapers to get a prescription—an approach that has failed to curb youth access and has fueled black market sales.
3. “The Bill takes strong action to ban the importation, domestic manufacture, supply, and advertisement of vaping goods.”
The Facts: Prohibition Has Never Worked in Public Health
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Prohibiting vapes will not stop demand—it will only shift the supply to illicit and unregulated markets.
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Australia already has one of the world’s largest black markets for vaping due to its restrictive policies.
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Banning retail vape sales while keeping cigarettes legal is illogical and counterproductive.
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The UK and New Zealand have regulated nicotine vapes, reducing youth access and smoking rates while maintaining adult access to safer alternatives.
4. “Vaping is a very serious public health menace.”
The Facts: Vaping Is Far Less Harmful Than Smoking
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Vaping is at least 95% less harmful than smoking, according to Public Health England, the NHS, and the Royal College of Physicians.
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Cigarettes contain over 7,000 chemicals, including tar and carbon monoxide—neither of which are found in vapes.
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Cancer Research UK states there is no good evidence that vaping causes cancer.
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Nicotine itself is not harmful in the doses used in vaping and has been safely used in nicotine replacement therapy (NRT) for decades.
5. “Vapes contain over 200 chemicals, including poisons and heavy metals.”
The Facts: Vaping Products Are Safer Than Cigarettes
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Most of these claims about harmful chemicals in vapes are misleading.
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The UK Medicines and Healthcare Products Regulatory Agency (MHRA) and Public Health England monitor and regulate vape products to ensure their safety.
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Many of the chemicals found in vapes are present in much lower concentrations than in cigarettes and are generally considered safe for inhalation at these levels.
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Heavy metals such as nickel and chromium come from poorly manufactured black-market devices, not legally regulated ones.
6. “People who have never smoked but use vapes are more likely to take up cigarette smoking.”
The Facts: The “Gateway Theory” Is Misleading and Unproven
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The vast majority of young people who vape are either already smokers or at risk of smoking.
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There is no strong evidence that vaping causes non-smokers to take up smoking. Instead, studies show that youth vaping is more likely to displace smoking than encourage it.
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In the UK and New Zealand, where vaping is legal and regulated, youth smoking rates have continued to decline.
7. “Dual use of vaping and tobacco may be worse than smoking alone.”
The Facts: Dual Use Is a Transition Phase for Most Smokers Trying to Quit
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Most dual users are smokers reducing their cigarette intake while transitioning to full vaping, which significantly reduces harm.
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Studies show that smokers who dual-use are more likely to quit smoking entirely.
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Encouraging complete switching to vaping rather than banning it outright would be the most effective harm reduction strategy.
8. “Nicotine vapes may worsen mental health conditions and amplify stress, anxiety, and depression.”
The Facts: Smoking Is the Bigger Risk to Mental Health
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Tobacco smoking is a major cause of poor mental health, whereas vaping is a far safer alternative.
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The Royal Australian and New Zealand College of Psychiatrists (RANZCP) recognizes nicotine vaping as a harm reduction tool for people with mental health conditions.
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There is no strong evidence that nicotine vaping causes mental health issues—in fact, many smokers report improved mental health after switching to vaping.
9. “The Government is not taking away the ability for patients to access vapes for smoking cessation.”
The Facts: The Prescription Model Has Failed
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Australia’s prescription-only model has already created a massive black market and made it harder for smokers to quit.
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Making vapes available only through pharmacies makes access difficult, expensive, and inconvenient.
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In contrast, the UK allows vapes to be sold in regulated retail stores, which has led to lower smoking rates and better public health outcomes.
10. “These reforms will curb the black market.”
The Facts: Prohibition Will Expand the Black Market
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Stricter bans will only make the black market stronger, just as past bans on alcohol and drugs have done.
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A regulated retail model with age restrictions, product safety controls, and proper taxation would be more effective in controlling youth access and eliminating illegal sales.
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The UK and New Zealand models have shown that sensible regulation is far more effective than prohibition.
A More Effective Approach
Senator Gallagher’s speech is based on misinformation and flawed logic. Instead of doubling down on failed prohibition policies, Australia should adopt a regulated, evidence-based vaping policy, as seen in the UK and New Zealand, 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, the Australian government is driving people back to smoking, strengthening criminal networks, and failing to protect youth. A legal, regulated market is the real solution.