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Dan Repacholi MP - ALP






27 March 2024

I rise to speak in support of the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024. The Albanese Labor government is taking world-leading action to tackle vaping. Our reforms will protect Australians from the harms of vaping and nicotine dependence while ensuring that those with a legitimate need to access therapeutic vapes can continue to do so."

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Dan Repacholi Is Wrong, Here's Why:

Dan Repacholi MP’s speech is riddled with misconceptions, misleading claims, and a fundamental misunderstanding of harm reduction and public health policy. Below is a fact-based rebuttal, explaining why his arguments are incorrect.

1. “Our reforms will protect Australians from the harms of vaping and nicotine dependence.”

The Facts: Banning Vapes Will Drive People Back to Smoking, Not Protect Them

  • Vaping is at least 95% safer than smoking, according to Public Health England and the UK Royal College of Physicians​.

  • Nicotine itself is not the cause of smoking-related diseases—it's the tar, carbon monoxide, and thousands of toxic chemicals in cigarettes that cause harm​.

  • By banning vapes while keeping cigarettes widely available, the government is pushing people back toward smoking, which will worsen public health outcomes​.

  • Countries like the UK and New Zealand have successfully reduced smoking rates by encouraging vaping as a smoking cessation tool​.

2. “There has been a huge increase in the number of young people accessing and using vapes.”

The Facts: Black Market Sales, Not Legal Retail Sales, Are the Cause of Youth Vaping

  • Youth access to vapes is a problem caused by Australia’s black market, which exists due to the failure to properly regulate legal vape sales​.

  • In countries where vaping is legally sold with strict age verification (such as the UK), youth vaping rates are more controlled, and youth smoking rates continue to decline​.

  • Banning vapes does not eliminate demand—it only shifts supply to illegal, unregulated sources, where youth have even easier access​.

  • The best way to protect young people is to introduce a legal, well-regulated market with strong age enforcement, rather than forcing vapes into criminal networks​.

3. “Vapes are advertised with flavors and colors that misrepresent how harmful they are.”

The Facts: Flavors Are Crucial for Helping Adult Smokers Quit

  • Flavored vapes play a crucial role in helping smokers quit by making the transition away from cigarettes easier​.

  • Most adult vapers prefer fruit and dessert flavors over tobacco flavors because they help disassociate vaping from smoking​.

  • Countries that have banned flavored vapes have seen increases in cigarette smoking because vapers return to tobacco​.

  • Regulating flavors (such as restricting marketing but allowing adult sales) is a better solution than banning them outright​.

4. “Young Australians who vape are three times more likely to take up tobacco smoking.”

The Facts: The “Gateway Effect” Is a Myth

  • There is no credible evidence proving that vaping causes smoking—the claim that vapers are more likely to smoke is based on correlation, not causation​.

  • The most likely explanation for this statistic is that young people who experiment with vapes would have been more likely to try smoking anyway​.

  • In countries where vaping is allowed and encouraged for smoking cessation, youth smoking rates continue to fall, contradicting the claim that vaping leads to smoking​.

  • If vaping were truly a gateway to smoking, youth smoking rates should be rising—but they are not​.

5. “Vaping is creating a whole new generation of nicotine dependency.”

The Facts: Most Youth Who Vape Do Not Become Regular Users

  • Studies often fail to distinguish between experimental vaping and regular vaping, exaggerating concerns about addiction​.

  • Youth nicotine dependence is more common in regular cigarette smokers than in vapers, and vaping helps divert young people away from smoking​.

  • Australia’s focus should be on regulating youth access rather than banning vaping for all adults, which only fuels the black market​.

6. “Labor’s vaping ban is world-leading.”

The Facts: Australia’s Vaping Policies Are Outdated and Unsupported by Science

  • Australia is one of the only Western countries banning vaping while keeping cigarettes legal—most other countries are encouraging vaping as a harm reduction tool​.

  • Countries like the UK and New Zealand have embraced vaping as a key strategy to reduce smoking rates, and they are succeeding where Australia is failing​.

  • Australia’s prohibitionist approach is increasing the black market and harming public health by making it harder for smokers to quit​.

7. “Big tobacco is behind vaping.”

The Facts: Banning Vapes Helps Big Tobacco, Not Hurts It

  • If the government bans vapes, it will drive people back to cigarettes, which is exactly what Big Tobacco wants​.

  • Tobacco companies have been losing money in countries where vaping is allowed, as cigarette sales continue to decline​.

  • Australia’s harsh vaping regulations have actually protected cigarette sales, keeping Big Tobacco profitable​.

  • A well-regulated vape market would reduce smoking rates further while ensuring Big Tobacco does not dominate the industry​.

8. “This bill bans the importation, manufacture, and sale of non-therapeutic vapes.”

The Facts: Banning Vapes Will Make the Black Market Worse

  • Prohibition has never worked in history—it didn’t work with alcohol, it hasn’t worked with drugs, and it won’t work with vapes​.

  • Banning vapes will create a thriving black market, where unsafe, high-nicotine products will be sold with no quality control​.

  • The only way to regulate vaping effectively is to allow legal sales while enforcing strict safety and age restrictions​.

9. “For smokers, vapes will still be available through the medical system.”

The Facts: The Prescription Model Has Already Failed

  • Australia’s prescription-only model has been a disaster, with very few doctors prescribing vapes and many smokers returning to cigarettes instead​.

  • Countries that allow over-the-counter vape sales with strong regulations have seen better smoking cessation outcomes than Australia​.

  • Forcing smokers to get a prescription for vapes while allowing cigarettes to be sold in every corner store is completely illogical from a public health perspective​.

10. “This bill will protect my children from vaping.”

The Facts: Banning Vapes Will Not Protect Children—Regulation Will

  • Countries with legal, well-regulated vape markets have stronger enforcement against youth sales and better public health outcomes​.

  • Australia’s failed prohibition approach has already created an unregulated market where youth access is easier, not harder​.

  • If Dan Repacholi MP truly wanted to protect his children, he would support a well-regulated retail market rather than pushing vapes into the black market​.

A More Effective Approach

Dan Repacholi MP’s speech is based on fear, misinformation, and a failure to understand harm reduction science. Instead of doubling down on prohibitionist policies that have already failed, Australia should adopt a regulated, evidence-based vaping policy, similar to 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 legal 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.


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