Mark Butler - Health Minster - ALP
- Pippa Starr
- Mar 12
- 49 min read
Updated: Apr 11
28 March 2025 - Mark Butler Caught Out Supporting Big Tobacco Sales
For all the big talk that Butler claims he is going to do to help Australian youths and protect them from being hooked to nicotine, he has shown himself for who he really is!
He has been caught out!
27 March 2025 - ABC RN Breakfast
Earlier on the program, Minister, we were talking to Rohan Pike, who's a former federal police officer, and helped to set up Border Force's illegal tobacco taskforce. I was asking him about the increase that we've seen in the budget for enforcement to deal with the tobacco issue and he was saying, in his view, from his experience at least, that enforcement wasn't the way to go here. Why are you confident that it is?
BUTLER: Our additional enforcement efforts have resulted in a very big increase in seizures of illegal cigarettes at the border. A 50 per cent increase in one year, to the point where in 6 months we've seized 1.3 billion cigarettes, just an extraordinary number. Our enforcement measures are also working with vaping. We've seized millions and millions of vapes at the border, and I know that our measures there have led to a substantial reduction in vaping, importantly, particularly among younger people, teenagers and very young adults. Vaping rates are down about 30 per cent for adults over the age of 30, vaping rates are down about 50 per cent, and importantly for parents and school leaders, suspensions at school because of vaping are down 50 per cent in the last year because of the measures we've put in place. I accept this is not easy. I've never pretended this was going to be easy. We're not only fighting big tobacco here, we're also fighting organised crime, but we're determined to do this.
Critique:
Mark Butler's statement in favour of enforcement-heavy measures to curb vaping and illegal tobacco use is problematic and misleading for several reasons—especially in light of well-established harm reduction strategies and the unintended consequences of prohibition-style policy.
Here’s a breakdown of where Butler goes wrong:
🧩 1. Over-reliance on enforcement ignores the root cause of demand
While Butler cites large seizure volumes (e.g. 1.3 billion illegal cigarettes and "millions of vapes"), this is not evidence of effectiveness, but rather a symptom of a thriving black market—which his policies have helped fuel.
“Australia’s prescription-only regulatory model of vaping has produced a thriving black market controlled by criminal networks in which unregulated vaping products are sold freely to youth.”— Dr Colin Mendelsohn, Evidence Review
Seizures show how widespread the issue is, not that it's being solved.
📉 2. There's no solid evidence that enforcement reduced youth vaping by 50%
Butler claims school suspensions due to vaping dropped by 50%—but provides no source. Independent reviews show:
Frequent vaping among teen non-smokers is rare in Australia
Most youth vaping is experimental and short-term, not a sign of long-term addiction
Sensationalist fears of a "teen vaping epidemic" are not supported by population-level data
🚫 3. Enforcement-led policy is harming adult smokers
Australia's approach has made safer nicotine products harder to access for smokers, despite robust evidence that:
Vaping is one of the most effective ways to quit smoking
It’s substantially less harmful than smoking
By blocking access and driving vaping underground, Butler’s policy increases harm for adult smokers, especially in low-income communities.
Public health experts overwhelmingly recommend a regulated, retail-based model for adult vaping products—paired with strict age controls and accurate information. Enforcement alone, without access to safer alternatives, does not reduce demand, and may cause more harm than good.
26 March 2025 - ABC Adelaide
Can I ask about the black hole in your budget because of tobacco excise? Now you have continually put up the tobacco excise. We learnt that this has cost the federal government and also us taxpayers $7 billion over five years. We know a lot of that money now has gone to organised crime organisations.
Claim | Why It Fails |
Excise deters smoking | Only up to a point; then fuels black market |
Crime exists globally | Doesn’t excuse policies that create more local demand for illicit products |
Lowering prices won’t work | Ignores models in UK/NZ where moderate pricing + regulated access are successful |
“We’re doing this for health” | But block access to vapes, which are far less harmful |
“Excise works” | Smoking rates are stagnating; policy is failing the most disadvantaged |
“Beer tax is different” | Contradicts harm-based logic applied to tobacco |
12 March 2025 - ABC Breakfast TV
GLENDAY: The devil will be in the detail there. You're in Melbourne today to double down on your fight against black market cigarettes. It's an illegal trade that's thought to have contributed to violence, suspicious fires, things like that. What are you announcing this morning?
BUTLER: We're doubling down on our enforcement. That, at the end of the day, is the only response to criminal activity like this. You've got to enforce the law. And the resources that I'm announcing today will double down on our efforts to track down the criminals, to bring them to justice, to put them in the dock and prosecute them, and importantly, as well, to seize their profits. The thing about this trade is it not only undermines our public health efforts to stamp out smoking, it bankrolls criminal activity, sex trafficking, drug trafficking, and so much more. What might seem like a relatively innocuous thing to do to buy illegal cigarettes, everyone has to remember, ultimately, is bankrolling the activities of some particularly vile criminal gangs. Lifting the resources for the federal police for a whole lot of other Commonwealth agencies to track this activity and to seize the profits. Cooperation with partner countries that are also dealing with this illegal trade and partnering with state governments that need some more support on enforcement operations and prosecutions as well.
GLENDAY: Just lastly, I want to put some context around this. I mean, black market cigarette packets can cost less than $20, and legal cigarettes, which have government taxes, can cost well over $50. That's a huge difference. And there's a view among law enforcement that this is perceived by criminals to be a lower risk enterprise than hard drug or heroin trafficking. Given the big money to be made, are you ever going to be able to get rid of the black market?
BUTLER: That's why we have to change that risk reward equation for criminal gangs and for, frankly, the retailers that are facilitating this by selling these cigarettes. The price is high in Australia. We have some of the most expensive cigarettes and we have some of the lowest rates of smoking and those two things are directly related. But countries that have much cheaper, legal cigarettes like the US the UK, many others, they still have a thriving criminal trade in cigarettes as well. I don't buy this argument that if we froze or reduced the price of legal cigarettes somehow, that would cause magically the criminal activity to cease and disappear. The only way to shut down this is enforcement is tracking them down, putting them in the dock, and ultimately seizing their profits.
Mark Butler is Wrong, Here's Why:
Mark Butler’s comments reflect a heavy focus on enforcement as the primary solution to Australia’s growing black market cigarette trade. While enforcement is a necessary component, his statements overlook key evidence on what truly drives illicit tobacco markets and ignores the role of harm reduction strategies. Here's a detailed critique:
1. Over-Simplification of Enforcement as the Sole Solution
Claim: "The only way to shut down this is enforcement... tracking them down, putting them in the dock, and seizing their profits."
Flawed Strategy: Butler’s assertion that enforcement alone is the key to stopping black market tobacco is overly simplistic and ignores evidence-based public health strategies. Despite intensified enforcement, Australia's illicit tobacco market continues to grow, illustrating that this approach is not working in isolation.
Real-World Evidence: Countries with a more balanced strategy—including accessible harm reduction tools like vaping—have seen greater success in reducing both smoking rates and illicit trade. For example, the UK has managed to reduce smoking rates without driving significant black-market growth by allowing regulated nicotine vaping products.
Recommendation: While enforcement is necessary, Butler should advocate for a comprehensive public health strategy that combines enforcement with improved access to safer, regulated alternatives like vaping.
2. Ignoring the Role of Excessive Taxation in Fueling the Illicit Market
Claim: "I don't buy this argument that if we froze or reduced the price of legal cigarettes... that would cause magically the criminal activity to cease and disappear."
Misleading Dismissal: While reducing cigarette prices is not a simple fix, Butler’s dismissal of taxation’s role in driving illicit trade ignores established economic evidence.
Economic Reality: Excessive tobacco taxes widen the price gap between legal and illicit products, making black-market cigarettes an attractive alternative for smokers who struggle with affordability. While taxes play an important role in discouraging smoking, overly aggressive price hikes risk pushing smokers into illegal markets rather than quitting altogether.
Australia's Unique Problem: Australia has some of the highest cigarette prices in the world, yet this has contributed to the largest black market tobacco trade per capita in the developed world. Butler’s failure to acknowledge this link is concerning.
Recommendation: Butler should recognize that while high cigarette prices have public health benefits, they must be coupled with viable alternatives like regulated vaping to reduce demand for illicit products.
3. Failure to Promote Harm Reduction Strategies
Claim: "This trade... undermines our public health efforts to stamp out smoking."
Missed Opportunity: Butler’s emphasis on enforcement ignores the most effective tool available for reducing smoking rates—harm reduction through vaping. The success of vaping as a quitting aid has been demonstrated in multiple studies, and public health bodies like the Royal College of Physicians, NHS, and Public Health England actively promote vaping as a safer alternative for smokers.
Current Policy's Role in Driving Illicit Trade: Australia's prescription-only model for nicotine vaping products has made it harder for adult smokers to access regulated alternatives, driving demand for illicit and unregulated products.
Recommendation: Butler should promote regulated nicotine vaping products as a safer and more effective alternative for smokers, reducing the demand for both legal and illicit cigarettes.
4. Misleading Comparison Between Australia and Other Countries
Claim: "Countries that have much cheaper cigarettes like the US and UK still have a thriving criminal trade in cigarettes."
Selective Evidence: While illicit trade exists in all countries, Butler ignores the critical difference between these markets: countries like the UK offer regulated, accessible alternatives such as vaping. This reduces reliance on black-market tobacco while still lowering smoking rates.
UK’s Balanced Strategy: The UK has achieved record-low smoking rates through a combination of accessible vaping products, public education campaigns, and proportionate tobacco taxes.
Recommendation: Butler should look to international models that balance enforcement with access to regulated harm reduction products, which have been proven to reduce both smoking rates and illicit trade.
5. Misleading Narrative on the Role of Retailers
Claim: "Retailers... selling these cigarettes... are bankrolling some of the worst criminal gangs."
Exaggerated Blame: While some retailers knowingly sell illicit products, others may unknowingly engage with suppliers distributing illegal goods. Blaming retailers without addressing the root causes—like excessive taxation and lack of safer alternatives—ignores the economic pressures that fuel this trade.
Policy-Induced Market Shift: Australia’s restrictive policies have driven legitimate retailers out of the regulated nicotine market, creating an opportunity for black-market suppliers to thrive.
Recommendation: Rather than vilifying retailers, Butler should focus on improving retail licensing systems to support businesses that adhere to legal standards while giving consumers access to safer alternatives.
Mark Butler’s strategy is overly reliant on enforcement while failing to address the root causes of Australia’s thriving illicit tobacco market. His dismissal of excessive taxation’s role, combined with a refusal to embrace harm reduction strategies like regulated vaping, reveals a narrow and ineffective public health approach.
Recommended Public Health Strategy for Australia:
✅ Introduce a regulated retail model for nicotine vaping products to provide adult smokers with a safer alternative.✅ Maintain appropriate tobacco taxation levels but combine this with better access to harm reduction products.✅ Expand public education campaigns highlighting vaping as a safer alternative for adult smokers.✅ Strengthen retailer licensing systems to reduce illicit sales while providing legal access to regulated products.✅ Combine targeted enforcement with alternative strategies to reduce consumer demand for illicit products.
Australia's smoking rates can be further reduced with a balanced approach that integrates enforcement with evidence-based harm reduction strategies.
12 March 2025 - ABC Radio - Enorcement Isn't Working
"EPSTEIN: So I just wonder if you think enforcement is making a difference? Border Force is already seizing four times as many cigarettes as they were just six years ago. So it's not that people don't think enforcement is a bad idea, but is it working? I mean, we've got more illegal tobacco and more tobacco fires than we've ever had and Border Force is taking in four times as many illegal cigarettes as they were just a few years ago. Is the enforcement working?
BUTLER: No, in the sense it's still an activity that you see in the community. We've got to do more, which is why we're allocating $160 million additional funds.
Mark Butler Is Wrong On Many Levels, and here is why:
Mark Butler's interview highlights Australia's aggressive stance on tobacco enforcement, yet his approach raises significant concerns about its effectiveness, its neglect of harm reduction strategies, and its misunderstanding of the broader public health landscape.
Here's a detailed critique:
1. Over-Reliance on Enforcement Despite Evidence of Ineffectiveness
Claim: "This is criminal activity... We're going to track them down, bring them to justice, and seize their profits."
Reality: Butler’s strong focus on enforcement as the primary solution overlooks key public health principles. While enforcement is essential in tackling organized crime, research shows that enforcement alone has limited impact on reducing illicit tobacco markets.
Escalating Enforcement with Limited Results: Despite Border Force seizing 1.3 billion cigarettes in six months—a significant increase—Butler admitted this hasn’t stopped the illicit market from thriving. This suggests that enforcement without alternative strategies is failing.
Key Evidence: Countries like the UK, which focus on accessible and regulated alternatives like vaping, have seen greater reductions in smoking rates without the same level of black-market growth.
Recommendation: Butler should prioritize harm reduction strategies alongside enforcement to address the demand for cheap alternatives, reducing reliance on illicit markets.
2. Failure to Recognize the Link Between Excessive Taxation and Illicit Trade
Claim: "The answer is not to drop the price... What that will do is drive smoking rates up."
Selective Use of Evidence: While Butler correctly notes that higher cigarette prices are linked to lower smoking rates, the relationship weakens when prices become excessive. Extreme price hikes often push smokers toward unregulated, illicit products rather than quitting.
Real-World Impact: Australia's rapid tobacco excise increases have created an enormous price gap between legal and illegal cigarettes. This has made illicit trade a more attractive option for price-conscious smokers.
Contradictory Global Data: Countries with lower cigarette prices, like the United States, also face illicit trade issues. However, Australia's unusually high cigarette prices have incentivized organized crime to exploit the profit gap even further.
Key Evidence: Studies show that disproportionately high cigarette prices may reduce legal sales but do not significantly accelerate smoking cessation without providing viable alternatives like regulated vaping.
Recommendation: While maintaining a tax deterrent, the government should balance this with accessible, regulated alternatives such as vaping to help smokers quit.
3. Misplaced Focus on Illicit Tobacco While Ignoring Safer Alternatives
Claim: "Enforcement is what it’s all about... That's what this package is all about."
Neglect of Harm Reduction: Butler's exclusive focus on enforcement ignores the proven success of harm reduction strategies like vaping. Research shows that vaping is one of the most effective tools for quitting smoking and is substantially less harmful than cigarettes.
Missed Opportunity: Australia’s prescription-only model for vaping has inadvertently contributed to a booming black market in unregulated vaping products. This is a critical factor in the overall increase in illicit trade, yet Butler fails to address this.
Key Evidence: The Royal College of Physicians and Public Health England strongly advocate for promoting vaping as a safer alternative for smokers. Countries that allow regulated nicotine vaping products have seen faster declines in smoking rates.
Recommendation: Butler should adopt a balanced public health strategy that includes supporting regulated vaping products as part of a harm reduction model.
4. Misleading Framing of Taxation as a Solely Effective Strategy
Claim: "Ask any expert anywhere in the world and they'll say price is probably the most important factor in driving down smoking rates."
Oversimplification: While price is a key factor, it is not the only effective strategy. Evidence shows that smokers are more likely to quit when they have access to effective alternatives such as regulated vapes, nicotine replacement therapies, and professional cessation support.
Public Health Failure: Australia’s smoking decline has stagnated in recent years, largely because excessive taxation and vaping restrictions have driven smokers toward illicit markets rather than toward quitting.
Key Evidence: The UK’s integrated strategy combining taxation, public health campaigns, and legal vaping access has driven the nation’s smoking rates down faster than Australia’s.
Recommendation: Butler should shift focus toward a comprehensive strategy that combines tax deterrence with accessible harm reduction tools like vaping.
5. Ignoring the Role of Australia’s Prescription-Only Vaping Model
Claim: "We'll be expanding enforcement to fight this trade."
Regulatory Failure: Australia’s prescription-only model has failed to provide smokers with safer alternatives, leaving them vulnerable to black-market sales of both cigarettes and unregulated vapes.
Missed Harm Reduction Opportunity: Countries like New Zealand and the UK have seen significant declines in smoking by making vaping products legally accessible while tightly regulating their sale.
Key Evidence: Research consistently shows that smokers who switch to regulated vaping products are more likely to quit successfully compared to those who attempt to quit unaided.
Recommendation: Butler should advocate for a shift toward a licensed retail model for regulated vaping products, ensuring adults have safe access to legal alternatives.
Mark Butler’s approach is heavily enforcement-focused, relying on punitive measures that have thus far failed to stem the illicit tobacco trade. His refusal to recognize the role of excessive taxation, combined with Australia’s restrictive vaping policies, is contributing to the very problem he is trying to solve.
Recommended Public Health Strategy for Australia:
✅ Introduce a regulated retail model for nicotine vaping products, with strict age verification and sales controls.
✅ Combine enforcement with harm reduction strategies to reduce demand for illicit products.
✅ Prioritize education campaigns promoting vaping as a safer alternative for adult smokers.
✅ Encourage access to smoking cessation support services in combination with safer nicotine products.
Australia has the potential to improve public health outcomes by following international best practices that combine targeted enforcement with practical harm reduction strategies.
12 March 2025 - Press Conference Another $160M
"I'm very pleased to announce further funding of $160 million to double down on our efforts to stamp out this illegal market. We're sending a very clear message to organised criminal gangs who are operating this market. We're going to track you down. We're going to put you in the dock, and we're going to confiscate your criminal profits. The $160 million package I'm announcing today has a range of important elements. We will be boosting resources to federal law enforcement authorities, ABF, obviously being one of them, but also the Federal Police, the Criminal Intelligence Commission, AUSTRAC and others who have very significant experience and expertise in tracking down the money."
Mark Butler Is Wrong On Many Levels, and here is why:
Mark Butler's recent press conference heavily emphasized enforcement strategies, targeting organized crime, and expanding policing efforts to curb illegal tobacco and vaping markets. While tackling criminal activity is crucial, his statements reflect a flawed public health strategy that leans heavily on punitive measures rather than evidence-based approaches to reduce smoking rates effectively. Here's a detailed critique based on scientific evidence and harm reduction principles:
1. Overemphasis on Enforcement Without Addressing Root Causes
Claim: "The answer to illegal cigarettes is enforcement and prosecution."
Flawed Strategy: While law enforcement is an important tool to reduce criminal activity, relying solely on enforcement ignores the underlying causes of illicit markets. Australia's restrictive vaping laws and extremely high cigarette prices have created a thriving black market.
Evidence-Based Solution Ignored: Countries like the UK, which have regulated the sale of nicotine vaping products while ensuring safe access for adult smokers, have successfully reduced smoking rates without the same scale of black market issues.
Black Market Growth Linked to Policy: Australia's prescription-only model for nicotine vapes has inadvertently pushed vapers and smokers into unregulated markets where illicit products are sold freely.
Recommendation: Rather than focusing solely on enforcement, Australia should adopt a regulated retail model that provides access to legal nicotine vaping products for adult smokers, reducing the incentive for black market purchases.
2. Inaccurate Framing of Vaping as a Major Health Threat
Claim: "We saw this in vaping as well. It's a market that exploded under the former government's eyes without any activity."
Distortion of the Evidence: Butler’s comment implies that vaping is inherently dangerous, which contradicts substantial evidence showing that vaping is significantly less harmful than smoking.
Vaping as Harm Reduction: Public health experts, including the Royal College of Physicians and NHS, strongly support vaping as a safer alternative for smokers attempting to quit.
Youth Vaping Overblown: Data shows that most youth vaping is experimental and short-term, while regular use among never-smokers remains rare.
Recommendation: Butler’s rhetoric risks deterring adult smokers from switching to vaping, a harm reduction tool that has been shown to be one of the most effective smoking cessation methods.
3. Misplaced Blame on Pricing as the Sole Driver of Illicit Tobacco
Claim: "The answer is not to drop the price... we still have a thriving criminal market."
Partial Truth: While high tobacco prices are an effective deterrent against smoking, excessive taxation can fuel illicit trade. Research shows that overpriced legal products often push consumers toward cheaper, unregulated alternatives.
Global Evidence Ignored: Countries like New Zealand and the UK have balanced high cigarette taxes with accessible vaping products, reducing both smoking rates and illicit market growth.
Recommendation: The government should combine high tobacco taxes with regulated, affordable alternatives like legal nicotine vaping products to offer safer options for smokers.
4. Conflating Illicit Tobacco with Vaping in a Misleading Way
Claim: "Illegal cigarettes undermine our efforts in two ways... by providing cheap cigarettes and getting around public health measures."
False Equivalence: While illegal cigarettes present a serious concern, Butler wrongly groups vaping into the same category, despite regulated vaping products being far safer.
Misleading Messaging: Conflating vaping with organized crime perpetuates harmful stigma that undermines its proven role as a quitting aid.
Recommendation: Clear, evidence-based communication is critical. Public messaging should distinguish between regulated nicotine vaping products (which are intended for harm reduction) and unregulated black-market items.
5. Failure to Acknowledge the Failures of Australia’s Prescription-Only Model
Claim: "The vaping market exploded under the former government's eyes without any activity."
Ignoring Policy Failures: The explosion of the illicit vaping market occurred largely because Australia's strict prescription-only model failed to provide smokers with safe and legal access to vaping products.
Expert Recommendations Overlooked: Health experts such as Dr Colin Mendelsohn have consistently argued that Australia’s regulatory model has been ineffective, driving consumers to unsafe black-market products.
Recommendation: Australia should move toward a licensed retail model that restricts youth access while ensuring adult smokers can obtain regulated nicotine vaping products safely.
6. Neglecting the Role of Harm Reduction
Claim: "The best way to deprive everyone of this revenue... is to stop smoking in this country."
Lack of Practical Strategy: While reducing smoking is the ultimate goal, Butler fails to acknowledge the role of harm reduction in achieving this. Evidence shows that vaping is one of the most effective quitting aids.
Ignoring Evidence-Based Solutions: Countries that have adopted a harm reduction approach—like the UK—have experienced faster declines in smoking rates.
Recommendation: Public health policies should promote vaping as a safer alternative for smokers who cannot quit using traditional methods.
7. Confusing Messaging on Illicit Retailers
Claim: "Retailers must realize that they are funding some of the worst criminal gangs."
Exaggerated Narrative: While criminal elements are involved in illicit tobacco sales, this rhetoric risks painting small businesses, some of whom may unknowingly sell unregulated products, as intentional criminals.
Policy Failure’s Role Ignored: The growth of these retailers is largely a result of Australia’s overly restrictive approach to nicotine vaping, which has driven consumers toward unregulated products.
Recommendation: A regulated retail system that allows licensed outlets to sell safe nicotine products would reduce the influence of criminal networks.
Mark Butler’s press conference reflects a deeply flawed understanding of effective tobacco control and harm reduction. His focus on enforcement overlooks the critical need for accessible, regulated alternatives to both smoking and illicit vaping products. By mischaracterizing vaping as a public health threat, failing to address the shortcomings of Australia’s prescription-only model, and ignoring global evidence supporting vaping as a smoking cessation tool, Butler risks undermining legitimate public health efforts.
Recommended Strategy for Australia:
✅ Introduce a regulated retail model for nicotine vaping products with strict age verification.✅ Educate the public on the relative risks of vaping vs smoking.✅ Implement targeted public health campaigns to inform smokers of safer alternatives.✅ Strengthen enforcement against unregulated products while ensuring adult smokers can access legal nicotine vapes.
Australia has the opportunity to embrace a balanced strategy that reduces smoking rates, undermines the black market, and protects public health.
12 March 2025 - 3AW Radio Interview
Radio Interview 3AW Full transcript>>
TOM ELLIOTT, HOST: Okay, so late in 2023, the Federal Health Minister, who joins us in a moment, said he, you know, vaping was the great health issue of our time, which it probably is, along with junk food and various other things, and he wanted to stamp it out. We've also, in the last few years, seen this enormous rise in illegal cigarettes as the excise on legal tobacco has gone up and up, criminal gangs smuggling, you know, container loads of illegal cigarettes. And I can tell you I don't smoke, but it is not difficult to go and find illegal cigarettes that costs, say, $20 bucks a packet or even less, versus the legal variety, which can cost $70 a packet. I interviewed Mark Butler a few weeks ago and said, what was he going to do about it? We think he now has a plan. He is the Federal Health Minister, Mr. Butler, good morning.
MINISTER FOR HEALTH AND AGED CARE, MARK BUTLER: Good morning, Tom.
ELLIOTT: So what are you going to do about illegal cigarettes?
BUTLER: You're right to say that we are making inroads on vapes. The research shows that even over the last year, vaping has turned down quite markedly, particularly among young Australians, which is really pleasing. We've got a long way to go, but we're not making inroads on illegal cigarettes. Today I'm announcing further resources around enforcement. We already put a lot more money into enforcement, particularly for Border Force and they've been seizing really jaw dropping numbers of cigarettes at the border. I've got to say, over the last six months, they've seized 1.3 billion cigarettes, that's not million, billion cigarettes in just six months. That's sort of about 650 cigarettes for every one of the 2 million Australian smokers. That's a big increase on what they were seizing the year before. We're just not making a dent or sufficient dent on the retail market in the country. Here in Melbourne, you've experienced the worst of it with the war being fought between different criminal gangs seeking to control the market.
Today we're announcing a lot of additional money, about $160 million in additional money to track down these gangs in the market and to seize their profits. We're going to track them down, we're going to put them in the dock and prosecute them, and we're going to seize their profits. There's money for Commonwealth prosecutions. There's money for state governments to support their enforcement operations. And again, to bolster their prosecution efforts as well. And we're doing more work partnering with other countries in the region where they're dealing with this criminal activity as well.
ELLIOTT: What about the actual shops? I mean, if you sent a police officer into a shop that's clearly selling illegal cigarettes, I mean, could they, you know, walk out with the cash register, perhaps, and say, well, that's you're nicked. That's the fine for selling illegal fags.
BUTLER: We want to support more work at state level on this enforcement. There's been really good cooperation on vaping and that's starting to work. All of the vape shops in my electorate, for example, have been shut down. It's a bit patchy across the country. But again, in my state in South Australia, some shops that have been selling illicit cigarettes have been shut down by the state government over the last couple of weeks. There is work there but I want to see more. Frankly, there are hundreds of shops across the country. I think they think that this is a relatively innocuous thing for them to do a harmless trade for them. But not only is it damaging our public health efforts to stamp out smoking, it's bankrolling these pretty awful criminal gangs, their activities like drug trafficking, sex trafficking.
ELLIOTT: But just on the criminal gangs, like, it's well known that one of the kingpins you mentioned how, you know, Melbourne's had all these fire bombings of tobacco shops and so forth. The leader of one the gangs involved is living, we think, in Iraq and has a tonne of money stashed overseas. Now it's going to be pretty difficult to go after him, isn't it?
BUTLER: It is difficult. And these gangs are pretty relentless and they're pretty clever. They employ lawyers, they try and stash their money, which is why we're putting money into our cleverest Commonwealth agencies. We've got a pretty good infrastructure aimed at tracking down illegal profits or criminal profits. We're bolstering the Federal Police, the Criminal Intelligence Commission, AUSTRAC a number of other agencies federally that do this work in other criminal markets and wanting them to do it in this market, because this increasingly is a really, important source of revenue for these criminal gangs. It's really coming to the attention of the highest and most serious law enforcement agencies we have.
ELLIOTT: Just quickly, we were seeing some photos from an outdoor market in Laverton here in Melbourne the other day. At one particular stall, there were vapes, every flavour, every colour you could imagine. There were large knives and there were graffiti spray cans all available, all at cheap prices, all quite open to the public. I mean, you could start with going to markets like that, surely?
BUTLER: Yeah. It must be driving your listeners mad. I really do want to reassure, particularly parents, we're making some inroads on vapes. A 50 per cent reduction last year in the last 12 months on school suspensions because of vapes recorded. 30 per cent reduction in vaping by the youngest people, a 50 per cent reduction in vaping among people over the age of 30. But these illegal cigarettes are just proving very, very hard to stamp out.
ELLIOTT: All right, well, good luck with it. We'll watch it with interest. Mark Butler there, Federal Health Minister. I mean, look, it is hard. And the problem is that when there is so much money involved, even if they've seized how many billion cigarettes it was at the border, billions more are getting through. And the profit margin is so massive that the gangs can afford to lose a big chunk of the cigarettes they try and smuggle and still make money.
Mark Butler Is Wrong On Many Levels, and here is why:
Mark Butler's interview reveals several key issues in Australia's current approach to vaping and illicit tobacco enforcement. While there are legitimate concerns about youth vaping and criminal activity linked to tobacco smuggling, Butler's comments reflect a problematic public health strategy that risks unintended consequences. Here’s a detailed critique based on the evidence:
1. Mischaracterization of Vaping as "the Great Health Issue of Our Time"
Inaccurate Focus: Butler's assertion that vaping is a major health crisis misrepresents the evidence. Leading health authorities, including the Royal College of Physicians, NHS, and Cancer Research UK, have consistently stated that vaping is substantially less harmful than smoking.
Missed Opportunity for Harm Reduction: Vaping is recognized as one of the most effective tools for quitting smoking. Demonizing vaping overlooks its value in reducing smoking rates.
Key Evidence: Studies show that vaping is at least as effective as other quitting aids, and the Royal College of Physicians recommends promoting e-cigarettes widely as a smoking cessation tool.
2. Inconsistent Messaging on Youth Vaping
Exaggeration of Youth Vaping Risks: Butler claimed there was a “marked reduction” in youth vaping due to policy changes. However, available evidence shows that most youth vaping is experimental and short-term with minimal evidence of progression to smoking.
Neglecting Harm Reduction Benefits: Youth vaping may displace cigarette smoking at a population level, which is a net public health benefit.
Key Evidence: UK research demonstrates that while youth vaping has risen, smoking rates have declined in parallel, indicating that vaping may be diverting young people from traditional smoking.
3. Enforcement-Heavy Approach with Limited Public Health Strategy
Focus on Border Seizures and Criminal Gangs: Butler emphasized enforcement as the primary response to illicit tobacco and vaping. While curbing illegal activity is important, this enforcement-first strategy fails to address the root causes driving the black market.
Black Market Growth Due to Poor Regulation: Australia's restrictive prescription-only model for nicotine vaping has inadvertently fueled unregulated sales and created a thriving black market.
Key Evidence: Countries with more balanced regulation—such as the UK, where legal nicotine vapes are available through licensed retail outlets—report lower youth smoking rates and better public health outcomes.
4. False Equivalence Between Vaping and Smoking
While illicit vaping products can pose risks, regulated vapes have been shown to be vastly safer than cigarettes.
Overstating vaping risks may discourage smokers from switching to a safer alternative.
Key Evidence: Nicotine itself is not the primary cause of smoking-related harm; it is the thousands of toxic chemicals from tobacco combustion that drive smoking’s deadly impact.
5. Flawed Measurement of Success
Butler claimed vaping reductions are proof of progress. However, without data on whether these former vapers returned to smoking, this metric is misleading. If vaping declines while smoking rises, this would represent a public health failure.
Studies have shown that vaping supports smoking cessation, and reducing access to regulated vapes risks reversing this progress.
Key Evidence: The UK’s Office for Health Improvement and Disparities has found that vaping is one of the most effective smoking cessation tools available.
6. Failure to Address the Prescription Model’s Flaws
Butler's silence on the failures of the prescription-only model is notable. This system has made it harder for adult smokers to access regulated products, inadvertently driving consumers to unregulated and potentially more dangerous alternatives.
Key Evidence: Australia's prescription-only model has been widely criticized for being ineffective and has created a black market dominated by criminal networks.
Mark Butler's approach emphasizes enforcement over public health strategy and relies heavily on fear-based rhetoric rather than evidence-based harm reduction. By misrepresenting vaping as a “great health issue,” failing to acknowledge the public health benefits of regulated vaping, and focusing excessively on enforcement, the current policy risks driving smokers back to cigarettes or into the black market.
Recommended Solution
A more balanced strategy should:
✅ Support regulated retail sales of nicotine vaping products for adults.
✅ Strengthen age verification and retail licensing to prevent youth access.
✅ Promote evidence-based harm reduction strategies, aligning with successful models in countries like the UK.
Australia’s best path forward would be to embrace a consumer model that protects youth while offering safer alternatives for adult smokers seeking to quit.
24 February 2025 - 3AW Radio Interview
We've had research out over the last couple of months that is showing really good results on vaping rates, particularly among kids. Vaping rates among young people up to 30, teenagers and very young adults is down 30 per cent last year. Interestingly, vaping rates for people over the age of 30 has halved in the last year. It's down by 50 per cent. And one of the really good results we got from this research that's been run year upon year for many years, very reputable research is that school suspensions for vaping are down by 50 per cent just in one year.
Mark Butler Is Wrong On Many Levels, and here is why:
Mark Butler's comments on vaping present a mixed message that reflects both positive outcomes in reducing youth vaping rates and concerns about enforcement failures. Let's break down the key points and assess them in light of current evidence:
1. Claim: Vaping rates have declined by 30% among young people and 50% among adults over 30.
Assessment: While Butler presents this as a success, it's important to contextualize these figures. Recent evidence shows that youth vaping is generally overstated in media narratives. For example, research indicates that most youth vaping is experimental and short-term rather than indicative of long-term dependence. The reduction in adult vaping could also be concerning if it reflects a loss of an effective smoking cessation tool for those attempting to quit.
Contextual Insight: Evidence strongly supports vaping as one of the most effective tools for smoking cessation. Countries like the UK have encouraged vaping as a harm reduction strategy, which has played a significant role in reducing smoking rates. If declining vaping rates among adults coincide with an increase in smoking rates, this would be detrimental to public health.
2. Claim: School suspensions for vaping have dropped by 50%.
Assessment: This statistic may suggest better school management strategies or reduced vaping rates among students. However, suspensions alone are not a definitive marker of improved public health. The ASH guidance on school policies recommends that punitive measures such as suspensions should be minimized, and instead focus should be placed on education and harm reduction strategies.
Contextual Insight: Schools should adopt proportionate responses, ensuring that students who vape are supported rather than punished harshly.
3. Claim: Strong enforcement laws will improve compliance.
Assessment: Butler’s focus on harsher penalties, including "millions of dollars in fines" and "potential jail time," is problematic from a public health perspective. Australia's restrictive prescription-only model for nicotine vapes has been widely criticized for fueling a thriving black market that operates without regulation, making it easier for minors to access unsafe products.
Contextual Insight: Experts such as Dr. Colin Mendelsohn have highlighted that Australia's current regulatory model is failing both in terms of harm reduction for smokers and in preventing youth access. A licensed retail model with strict age verification is likely to be a more effective and balanced solution.
4. Claim: Law enforcement should not be primarily handled by police.
Assessment: Butler’s differentiation between police involvement in organized crime cases versus health agencies handling general enforcement is reasonable. However, this strategy depends heavily on health agencies being sufficiently resourced and coordinated, which has been a persistent challenge in Australia’s enforcement efforts.
5. Misleading Narrative on Vaping's Health Risks
While Butler frames vaping as a “serious public health problem,” substantial evidence suggests vaping is substantially less harmful than smoking. The Royal College of Physicians has concluded that e-cigarettes are at least 95% less harmful than smoking, and they strongly recommend promoting vaping as a tool for adult smokers.
6. Lack of Emphasis on Harm Reduction
Butler’s statements fail to acknowledge that vaping is a crucial harm reduction tool. Countries such as the UK and New Zealand have embraced vaping as a way to reduce smoking rates while implementing strong safeguards to prevent youth uptake.
The UK's Approach: The UK’s balanced policy of encouraging adult smokers to switch to regulated vaping products, while actively discouraging youth vaping, has been lauded as a successful public health strategy.
Butler's narrative is heavily enforcement-driven, relying on punitive measures rather than promoting regulated access to safer nicotine products for adult smokers. While his concerns about youth vaping are valid, his stance overlooks crucial harm reduction strategies that have been successful in other countries. Australia's restrictive prescription model has inadvertently fueled a black market that undermines both youth protection and adult smoking cessation efforts.
A more effective solution would involve:
A regulated consumer model for low-concentration nicotine vapes.
Strict age verification and penalties for underage sales.
Clearer public messaging that distinguishes the risks of vaping from those of smoking.
This approach would align with evidence-backed strategies that balance youth protection with harm reduction for smokers.
18 December 2024 - $2 Mill Of Vapes Seized In Perth
In a significant crackdown on the illegal vape market, the Therapeutic Goods Administration (TGA) and WA Health have conducted a successful joint enforcement operation, with assistance from Australian Federal Police (AFP), resulting in the seizure of more than 60,000 allegedly illicit vapes valued at just under $1.9 million and $198,000 of infringement notices being issued to 10 retail businesses across Perth for unlawful vape supply..
Critique:
1. Missed Acknowledgement of Vaping's Role in Harm Reduction
🔎 Vaping as a Harm Reduction Tool for Smokers:
The statement neglects to mention that regulated nicotine vapes are a proven harm reduction tool for adult smokers trying to quit combustible cigarettes. Research from the NHS, Royal College of Physicians, and Cancer Research UK all confirm that vaping is significantly less harmful than smoking and one of the most effective quitting aids available.
The omission risks demonizing all vaping products rather than distinguishing between legitimate therapeutic use and illicit products.
🔎 Impact on Adult Smokers Seeking Safer Alternatives:
With the crackdown limiting retail access and restricting vapes to pharmacies only, smokers may find it harder to access regulated, safer products, increasing the risk of relapse to smoking—a far more harmful behavior.
2. Potential for Unintended Consequences
🔎 Strengthening the Black Market:
Evidence from Australia’s previous prescription-only model shows that restricting legal access to vapes fuelled the illicit market, where unregulated products were sold without age checks or quality control.
The seizure of 60,000 vapes underscores this risk — it highlights demand that the prescription-only model struggles to meet.
🔎 Illicit Market Risks:
Black market vapes are more likely to contain harmful contaminants or incorrect nicotine levels, posing a greater risk to public health.
3. Exaggeration of Youth Vaping Threat
🔎 Overstating the Youth Vaping Crisis:
While preventing youth vaping is essential, data from both Australian and UK studies show that regular vaping among never-smoker youth is rare, and most youth experimentation is infrequent or short-term.
The language used — “threatens the well-being of our young people” — risks amplifying fear rather than encouraging evidence-based strategies.
4. Lack of Support for Harm Reduction Framework
🔎 Absence of Balanced Regulation:
Countries like the UK and New Zealand have successfully adopted a regulated retail model where vapes are available in designated outlets with strict age verification, quality control, and product standards. This model encourages safer vaping behaviors while discouraging youth access.
🔎 Evidence-Based Solutions Missing:
The Royal College of Physicians, ASH (Action on Smoking and Health), and NHS all advocate for a balanced approach that:
Ensures safe vapes are easily accessible to adult smokers.
Implements robust education campaigns to reduce youth experimentation.
Regulates vape marketing and product standards.
5. Overly Harsh Penalties Without Clear Impact
🔎 Heavy Penalties Risk Disproportionate Outcomes:
While strict penalties aim to deter illegal activities, they may inadvertently penalize small businesses or individuals who unknowingly violate complex regulations.
🔎 Lack of Evidence on Penalties’ Effectiveness:
Harsh penalties alone have limited impact without complementary public health strategies like education campaigns, regulated retail models, and cessation support for smokers.
While the government’s efforts to reduce illicit vape sales are understandable, this crackdown risks neglecting the role of vaping as a key harm reduction strategy. Evidence from Australia’s past enforcement attempts shows that prohibition-style tactics have failed, driving growth in the illicit market and reducing access to safer products for smokers.
For optimal public health outcomes, Australia would benefit from:
A regulated retail model for licensed vape sales alongside strict age verification.
Education campaigns that highlight vaping as a smoking cessation tool for adults while deterring youth uptake.
Product quality control to ensure safe and standardized nicotine levels.
The media release's tone risks promoting fear-based messaging rather than encouraging an evidence-based, balanced strategy that prioritizes both public health and harm reduction.
11 December 2024 - Extra $107 Million On Enforcement
The Albanese Government has committed an additional $107 million for the regulation and enforcement of Australia’s world-leading new laws on vaping products. The Department of Health and Aged Care and the Therapeutic Good Administration (TGA) will use this funding to continue its work to crack down on non-therapeutic vapes, regulate vaping goods as therapeutic goods, and enforce the ban on advertising of vaping goods.
🔎 Misdirection of Focus – Harm Reduction Neglected:
The statement fails to recognize vaping’s established role as a harm reduction tool for adult smokers. Evidence consistently shows that vaping is significantly less harmful than smoking and is one of the most effective methods for smoking cessation.
Countries like the UK have embraced vaping as a harm reduction strategy. The Royal College of Physicians supports e-cigarettes as a safer alternative for smokers and recommends promoting their use among adult smokers to improve public health.
🔎 Youth Vaping Exaggerations:
Evidence shows that most youth who vape are current or former smokers, and frequent vaping by never-smokers is rare.
Data from the UK and Australia highlights that concerns about a “generation hooked on nicotine” are overstated.
🔎 Potential for Counterproductive Outcomes:
The prohibition-style approach could worsen the black market, where unregulated and potentially more dangerous products may flourish.
Similar restrictions in Australia’s past have led to a thriving black market for vapes, often with poor product quality and unknown ingredients.
🔎 Impact on Adult Smokers:
Restricting access to regulated, safer vaping products may discourage adult smokers from switching to vaping. This could drive some back to smoking, which is far more harmful.
🔎 Missed Opportunity for Evidence-Based Regulation:
Expert advice often recommends a regulated retail model—where vapes are sold by licensed retailers with strict age verification and product standards—rather than a prescription-only system.
Countries such as New Zealand and the UK have found success with this approach by balancing access for adult smokers while minimizing youth uptake.
🔎 Harsh Penalties – Disproportionate Response:
Imposing penalties such as seven years in jail and fines up to $21.9 million appears excessive. Comparable public health issues like alcohol and tobacco have not seen such severe legal measures.
27 June 2024
"I don't think any of us pretend to know exactly how it will roll out or whether, three years down the track, we as a parliament won't say that there are not ways in which we would want to tweak a range of things and maybe change it substantially."
Questions to Butler:
From:
Mark Butler Is Wrong, Here's Why:
Mark Butler MP’s speech in favor of the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024 contains misleading claims, flawed logic, and policy recommendations that contradict global harm reduction best practices. Below is a fact-based rebuttal, addressing why his arguments are incorrect.
1. “We intend to wipe out recreational vaping but allow genuine therapeutic access.”
The Facts: Prohibition Will Strengthen the Black Market, Not Eliminate It
Banning retail sales while allowing only “therapeutic” access through pharmacies has already created an unregulated black market, where youth and adults alike access illicit, high-nicotine products.
In countries like the UK, New Zealand, and Canada, where vaping is legally regulated, youth access is better controlled, and adult smokers have safer, legal alternatives.
Attempting to “wipe out” vaping ignores its proven role as a harm reduction tool that helps smokers quit.
The UK’s Royal College of Physicians and Public Health England confirm that vaping is at least 95% less harmful than smoking.
2. “We have seized more than 2½ million disposable vapes at the border. We are already starting to choke off supply.”
The Facts: Seizures Do Not Eliminate Demand, They Strengthen Criminal Networks
Prohibition-style policies do not reduce demand; they push supply into the hands of organized crime and black-market sellers.
Australia has one of the world’s largest black markets for vapes due to its restrictive prescription-only model.
Seizing illegal products will not prevent youth access—only legal, regulated retail sales with strict age verification can achieve that.
3. “Pharmacists supplying vapes under Schedule 3 is not a retail model—it’s a therapeutic model.”
The Facts: The Pharmacy-Only Model Is Not Practical or Effective
Pharmacists are not addiction specialists and do not have the resources to counsel every person who needs a vape for smoking cessation.
Making vapes pharmacy-only creates unnecessary barriers for adult smokers, leading many to either keep smoking or turn to illicit markets.
In the UK and New Zealand, where vapes are sold in licensed retail stores, smoking rates have declined faster than in Australia.
Pharmacies sell many non-prescription medications, including nicotine replacement therapies like patches and gum. There is no reason vapes should be treated differently.
4. “The bill will shut down vape stores near schools.”
The Facts: Banning Legal Vape Shops Will Not Stop Youth Vaping
The UK and New Zealand regulate vape stores with strict age verification and licensing, preventing underage sales.
Illegal, black-market vape dealers do not check IDs. By banning legal vape shops, the government is ensuring youth will continue to obtain vapes from unregulated sources.
Rather than closing vape stores entirely, a better solution would be strict licensing, penalties for selling to minors, and age verification enforcement.
5. “There is no suggestion that pharmacists would ever be able to supply tobacco.”
The Facts: Tobacco Remains Readily Available While Vapes Are Being Restricted
Cigarettes are sold in every convenience store, supermarket, and gas station, yet vapes—95% less harmful—are being made pharmacy-only.
If the government was serious about reducing nicotine addiction, it would regulate and tax vapes similarly to cigarettes rather than banning legal access.
New Zealand has used a regulated retail model for vapes while introducing policies to phase out smoking, leading to a decline in both adult and youth smoking rates.
6. “People in rural and regional areas will often buy additional supplies, so we are allowing for some flexibility.”
The Facts: The Pharmacy-Only Model Creates Access Barriers
Rural Australians already struggle to access healthcare. Adding another step to obtain a vaping prescription or pharmacy consultation makes quitting smoking even harder.
A better approach would be allowing regulated retail sales, ensuring both convenience and product safety.
People in rural areas have higher smoking rates, meaning restricting vape access disproportionately harms them.
7. “This is a new area. We don’t know exactly how it will roll out, but we have a legislated review.”
The Facts: Other Countries Have Already Proven That Regulation Works
The UK, New Zealand, and Canada have successfully implemented vape regulations that reduce youth access while maintaining harm reduction benefits for adults.
There is no need to experiment with restrictive policies when global data already show that regulated retail models are more effective than prohibition.
A legislated review is only useful if the government is willing to reverse course when the policy fails, but past Australian vaping regulations have ignored expert recommendations.
8. “We do not need data collection requirements like Project STOP for vaping.”
The Facts: Lack of Data Collection Makes Enforcement Difficult
Without a national tracking system, pharmacies could sell vapes to the same person multiple times, undermining the pharmacy-only model.
Project STOP for pseudoephedrine was implemented because of illegal drug use—vaping is being criminalized despite being far less harmful than many other substances.
A legal retail market with age restrictions would be far easier to enforce than a pharmacy-only model without proper tracking.
A More Effective Approach
Mark Butler MP’s speech is based on flawed logic and ignores international evidence. 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 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.
15 May 2024
"Today, I'm summing up the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024. This bill builds on Australia's pioneering tobacco control reforms that go back 50 years but also include our world-first tobacco plain-packaging reforms and the Public Health (Tobacco and Other Products) Act 2023 that was passed in parliament just before we rose in December. Consistent with these reforms, the Australian government is now introducing world-leading vaping reforms to prevent serious current and future population health risks."
Mark Butler Is Wrong Again, Here's Why:
Mark Butler MP’s speech in support of the vaping reforms is based on misinformation, flawed logic, and a failure to recognize global harm reduction evidence. Below is a fact-based rebuttal, explaining why his arguments are incorrect.
1. “Vaping stores set up near schools because they are targeting children.”
The Facts: Youth Access to Vapes Is a Result of Black Market Sales, Not Retail Stores
Youth vaping is primarily driven by black market supply, not legal vape stores.
In countries with regulated retail vape markets (UK, New Zealand, Canada), youth vaping is controlled through strict age verification and enforcement.
Closing legal vape shops will not stop youth vaping; it will only push them to unregulated, illegal sellers.
Australia’s failure to regulate vape sales properly has created a thriving black market that makes it easier—not harder—for youth to access vapes.
2. “Vaping is a public health menace.”
The Facts: The Real Public Health Crisis Is Smoking, Not Vaping
Cigarette smoking remains the leading cause of preventable death, killing two out of three long-term users.
Public Health England, the NHS, and the Royal College of Physicians confirm that vaping is at least 95% less harmful than smoking.
Cancer Research UK & Cancer Council CEO states that there is no good evidence that vaping causes cancer.
The UK and New Zealand have seen dramatic declines in smoking rates due to the availability of vaping products.
3. “The latest data shows that one in six high school students have vaped.”
The Facts: Experimentation Does Not Equal Addiction
Most youth who try vaping do so experimentally and do not become regular users.
The increase in youth vaping has coincided with record-low youth smoking rates, suggesting vaping is replacing smoking rather than fueling it.
Countries with regulated retail vape markets have seen continued declines in youth smoking, demonstrating that vaping is not a gateway to smoking.
Banning vapes will not stop youth from experimenting—it will only push them toward unregulated, illegal products.
4. “This bill bans the importation, manufacture, supply, and commercial possession of non-therapeutic vapes while preserving access through pharmacies.”
The Facts: The Pharmacy-Only Model Is Not Effective
Australia’s prescription-only model has already failed, creating a thriving black market for vapes.
Restricting vapes to pharmacies makes it harder for adult smokers to access a proven harm reduction tool, increasing the likelihood that they will continue smoking.
Countries that regulate vape sales through licensed retailers (UK, New Zealand, Canada) have seen lower youth vaping rates and better adult smoking cessation success.
A regulated retail model, not pharmacy-only access, is the best way to balance youth prevention and adult smoking cessation.
5. “Vapes are aggressively marketed to young people with product flavoring and design.”
The Facts: Flavors Are Essential for Helping Adults Quit Smoking
Flavored vapes are not designed for children; they are critical for helping adult smokers quit cigarettes.
Studies show that most adult vapers prefer fruit and dessert flavors over tobacco flavors, as they help disassociate vaping from smoking.
Countries like the UK, which allow flavored vapes while enforcing strict age restrictions, have lower youth vaping rates than Australia.
Banning flavors makes vaping less appealing, increasing the likelihood that smokers will relapse to cigarettes.
6. “This bill will make it easier to identify and disrupt illicit vape supply.”
The Facts: Banning Legal Sales Increases Black Market Activity
Australia’s restrictive policies have already led to one of the world’s largest black markets for vaping, where unregulated products are sold with no age restrictions.
Enforcing bans on legal vape sales will not prevent youth access—it will only push young people toward illicit, dangerous products.
Rather than criminalizing vapes, Australia should introduce regulated retail sales with strict penalties for selling to minors.
7. “We are not penalizing vape users, only those involved in illegal supply.”
The Facts: Criminalizing Vapes Hurts Public Health
Prohibition-style policies have failed in every area of public health, from alcohol to drug regulation. They do not stop demand; they only shift supply to illegal markets.
Countries that regulate vapes properly have minimized youth access while supporting adult smokers in switching from cigarettes.
Punitive measures against vape supply will not eliminate vaping; they will only strengthen illegal networks and reduce product safety.
8. “This bill has gone through extensive consultation with public health experts.”
The Facts: The Government Has Ignored Leading Harm Reduction Experts
Australia’s leading harm reduction experts, including the Royal Australian and New Zealand College of Psychiatrists (RANZCP), have warned against restrictive vaping policies.
The UK’s Royal College of Physicians strongly supports vaping as a harm reduction tool and warns against discouraging smokers from switching.
The government’s approach ignores international best practices in tobacco harm reduction.
9. “Vapes were sold to the public as a therapeutic good, so they should be regulated as such.”
The Facts: Vapes Are Both a Consumer and Therapeutic Product
Vapes are not just a medical product—they are a harm reduction alternative to cigarettes, similar to nicotine gum or patches.
In the UK and New Zealand, nicotine vapes are legally sold as consumer products while still being used for smoking cessation.
Forcing vapers to go through pharmacies adds unnecessary barriers to quitting smoking.
10. “We must act now to prevent a whole new generation of Australians from developing nicotine dependence.”
The Facts: Vaping Is Preventing, Not Causing, a New Generation of Smokers
Youth smoking rates have continued to decline in countries where vaping is legal and regulated, demonstrating that vaping is replacing smoking rather than creating new smokers.
By restricting vapes while keeping cigarettes widely available, the government is actively encouraging nicotine addiction through smoking rather than reducing it.
The best way to prevent youth vaping is strict retail regulation, not prohibition.
A More Effective Approach
Mark Butler MP’s speech is based on fear-mongering and misinformation. 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.
25 March 2024
"Dr FREELANDER (Macarthur) (14:34): My question is to the Minister for Health and Aged Care. What actions is the Albanese Labor government taking to tackle vaping? Why is strong action urgently required? I thank you for your efforts."
Reply:
"Mr BUTLER (Hindmarsh—Minister for Health and Aged Care and Deputy Leader of the House) (14:34): I thank the member for Macarthur for his question and interest. Last week I introduced legislation into this place that represents a precious opportunity for this parliament to do something meaningful and lasting for the health of young Australians. E-cigarettes and vapes were introduced to this country as a therapeutic good to help hardened smokers kick the habit of cigarettes. They were not presented as a recreational product, particularly not one that would be targeted and marketed to young Australians."
Mark Butler Is Wrong Again, Here's Why:
Mark Butler MP’s statements on vaping are misleading, alarmist, and contradict well-established public health research. Here’s a fact-based rebuttal outlining where he is wrong.
1. Vaping is Not a Big Tobacco Conspiracy – It’s a Harm Reduction Tool
Butler claims that vaping is an "insidious device from Big Tobacco" to recruit a new generation of nicotine users. This is factually incorrect:
Vaping was pioneered by independent companies, not Big Tobacco. The modern e-cigarette was invented by Chinese pharmacist Hon Lik in 2003 as a harm reduction tool, long before tobacco companies entered the market.
Big Tobacco initially opposed vaping because it threatened cigarette sales. Tobacco companies only entered the vaping industry after vaping had already become popular, and even then, they mainly focused on closed-system devices.
Public health authorities support vaping as a quitting tool. The UK’s National Health Service (NHS) and the Royal College of Physicians (RCP) state that vaping is one of the most effective smoking cessation aids available.
Fact: Vaping originated as a consumer-driven harm reduction tool, not a Big Tobacco plot. It helps smokers quit, reducing the burden of smoking-related diseases.
2. The "Youth Vaping Epidemic" is Exaggerated
Butler cites alarming youth vaping statistics, but the reality is more nuanced:
Most youth vaping is experimental and does not lead to regular use. Data from the UK Office for Health Improvement and Disparities (OHID) shows that regular vaping among non-smoking youth is rare.
Youth smoking rates are at historic lows. If vaping were a gateway to smoking, we would see rising youth smoking rates—but instead, they continue to decline.
The "nine out of ten vape stores near schools" claim is misleading. There is no public data to support this claim, and vape stores are subject to the same retail zoning laws as other businesses.
Fact: While youth vaping should be addressed with strict age regulations, the true public health crisis remains smoking, which kills 20,500 Australians each year.
3. Vaping is Not Proven to Cause Severe Health Issues
Butler’s claims about the dangers of vaping are exaggerated and not supported by scientific evidence:
There is no evidence linking vaping to cancer. Cancer Research UK states that there is no good evidence that vaping causes cancer, as it does not involve tobacco combustion.
Vaping is at least 95% less harmful than smoking. This conclusion, reached by Public Health England and the Royal College of Physicians, is based on a thorough review of the toxicology of e-cigarette vapor.
The "200 chemicals" claim is misleading. Many everyday foods and medicines contain trace chemicals used in industrial applications. Dosage and exposure matter. The toxins found in regulated vape products are at levels far lower than those in cigarette smoke.
Fact: Vaping is significantly less harmful than smoking, and no major health body has proven that it causes cancer or severe disease.
4. The “Gateway to Smoking” Claim is a Myth
Butler repeats the debunked “gateway theory”, suggesting that vaping leads to smoking.
The Royal College of Physicians and Public Health England reject the gateway theory. Their research shows that vaping does not lead non-smokers to start smoking.
Most youth who vape were already smokers. Data from multiple countries indicates that youth who try vaping are overwhelmingly those who were already likely to experiment with smoking.
Youth smoking rates are declining in countries with widespread vaping. If vaping were a gateway to smoking, we would see youth smoking rates increasing—but the opposite is happening.
Fact: There is no credible evidence that vaping leads non-smokers to start smoking. In reality, vaping is diverting young people away from cigarettes.
5. Banning Legal Vapes Will Fuel the Black Market
Butler supports banning non-therapeutic vapes, but Australia’s restrictive vaping policies have already created a booming black market:
Australia’s prescription-only model has failed. Instead of controlling vaping, it has fueled an unregulated illicit market where minors can access illegal products more easily.
Prohibition does not work—it removes regulation. Countries with regulated adult vaping markets (UK, New Zealand, Canada) have lower smoking rates and fewer youth accessing illicit products.
Black market vapes are more dangerous. Illicit products often contain unknown chemicals and unregulated nicotine levels, making them more harmful than regulated alternatives.
Fact: Banning legal vapes will only push people toward illicit, unregulated products, increasing public health risks rather than reducing them.
6. The UK and New Zealand Have More Effective Vaping Policies
Butler presents Australia’s prohibitionist approach as a global model, but other countries are more successful with regulated vaping policies:
The UK, New Zealand, and Canada all support vaping as a harm reduction tool. These countries allow regulated adult sales while enforcing strict age verification and product standards.
Public health experts criticize Australia’s extreme stance. Many leading researchers argue that Australia’s policy is ideological rather than evidence-based.
Australia is out of step with international best practices. The World Health Organization (WHO) recognizes tobacco harm reduction as a legitimate strategy, yet Australia has failed to integrate this approach.
Fact: Countries with regulated vaping policies have seen greater declines in smoking rates and fewer black market issues compared to Australia.
Mark Butler MP’s speech on vaping is misleading, fear-based, and contradicts the best available evidence.
The truth is:
✅ Vaping is significantly less harmful than smoking and helps people quit.
✅ The “youth vaping epidemic” is exaggerated—most youth vapers were already smokers.
✅ There is no strong evidence that vaping causes cancer or major health issues.
✅ Banning legal vapes fuels the black market, making youth access worse.
✅ Nicotine itself is not the cause of smoking-related disease—combustion is.
✅ Australia’s prohibitionist approach has failed—countries with regulated models are more successful.
Policy Recommendation:
Australia should abandon its failed prescription-only model and instead adopt a regulated consumer model, similar to the UK and New Zealand:
Allow licensed vape retailers with strict age verification.
Implement strict safety and ingredient regulations for vaping products.
Launch public education campaigns on the differences between smoking and vaping.
Ensure therapeutic vape access for smokers who prefer a medical model.
This balanced approach would help smokers quit, reduce smoking-related diseases, and protect public health. Prohibition has failed—Australia needs evidence-based regulation, not fear-mongering.
21 March 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 the parliament last year."
- "To support the implementation and enforcement of these reforms, the government is providing an additional
$25 million to the Australian Border Force and $56.9 million to the TGA
- "This includes $63.4 million for new public health information campaigns to prevent and reduce the use of tobacco and e-cigarettes."
- "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."
Mark Butler Is Wrong Again, Here's Why:
Mark Butler MP’s bill speech on vaping is alarmist, misleading, and ignores well-established scientific evidence on harm reduction. Below is a fact-based rebuttal addressing his key inaccuracies and misconceptions.
1. Vaping is Not a Public Health "Menace" – It’s a Proven Harm Reduction Tool
Butler claims that vaping is undoing Australia's tobacco control progress, but the best available evidence shows the opposite:
Vaping helps smokers quit more effectively than other methods. The UK’s National Health Service (NHS) and Public Health England (PHE) confirm that vaping is one of the most effective stop-smoking aids available.
Vaping is at least 95% less harmful than smoking. The Royal College of Physicians (RCP) states that discouraging smokers from switching to vaping harms public health.
Countries with pro-vaping policies have seen faster declines in smoking. The UK, New Zealand, and Canada have significantly lower smoking rates than Australia due to their regulated consumer vaping markets.
Fact: Vaping is reducing smoking-related deaths, not increasing them. Banning it will push people back to cigarettes.
2. The "Youth Vaping Epidemic" is Overstated
Butler claims vaping is "creating a new generation of nicotine addicts", but this is not supported by data:
Most youth experimentation does not lead to regular use. The UK’s Office for Health Improvement and Disparities (OHID) found that regular vaping among non-smoking youth is rare.
Youth smoking rates are at record lows. If vaping were a gateway to smoking, we would see youth smoking rates rise, but they continue to decline where vaping is accessible.
Australia’s approach is failing compared to countries with legal vaping. Countries like New Zealand, the UK, and Canada allow regulated vaping and have seen greater declines in youth smoking rates than Australia.
Fact: The real public health crisis is still cigarette smoking, which kills 20,500 Australians each year—not vaping.
3. Vaping Does Not Cause Severe Health Issues
Butler lists various health risks, including cancer, cardiovascular disease, respiratory disease, and mental health issues, but these claims are misleading:
There is no evidence linking vaping to cancer. Cancer Research UK confirms that there is no good evidence that vaping causes cancer, as it does not involve tobacco combustion.
Vaping does not contain the same harmful toxins as smoking. Unlike cigarette smoke, vape aerosol does not contain tar, carbon monoxide, or the thousands of harmful chemicals from burning tobacco.
The “200 chemicals” claim is a scare tactic. Many of the chemicals Butler mentions (e.g., found in nail polish remover or weedkiller) are also found in common foods and medicines in trace amounts. The dose makes the poison—not the presence of a chemical.
Fact: Vaping is significantly less harmful than smoking, and no major health body has proven that it causes severe diseases.
4. The "Gateway to Smoking" Theory is a Myth
Butler claims that vaping leads to smoking, but this has been debunked:
The Royal College of Physicians and Public Health England reject the gateway theory. Their research shows that vaping does not lead non-smokers to start smoking.
Most youth who vape were already smokers. Studies show that youth who try vaping were typically those who had already experimented with cigarettes.
Youth smoking rates are declining where vaping is available. If vaping caused smoking, we would see youth smoking increase—but the opposite is true.
Fact: There is no credible evidence that vaping causes young people to take up smoking—if anything, it diverts them away from cigarettes.
5. Banning Legal Vapes Will Create a Larger Black Market
Butler supports banning non-therapeutic vapes, but this policy has already failed in Australia:
Australia’s prescription-only model has fueled an illegal market. Illicit vape sales have skyrocketed, and minors can easily obtain illegal products with no age verification.
Black market vapes are more dangerous. Illicit products often contain unknown chemicals and unregulated nicotine levels, making them more harmful than regulated alternatives.
Countries with regulated vaping markets have better public health outcomes. The UK, New Zealand, and Canada have lower smoking rates and safer vaping products due to their evidence-based regulatory models.
Fact: Banning legal vapes will only drive more people toward unregulated, black-market products, increasing public health risks rather than reducing them.
6. The UK and New Zealand Have More Effective Vaping Policies
Butler presents Australia’s prohibitionist approach as a global model, but other countries have far more successful vaping policies:
The UK, New Zealand, and Canada all support vaping as a harm reduction tool. These countries allow regulated adult sales while enforcing strict age verification and product standards.
Public health experts criticize Australia’s extreme stance. Many leading researchers argue that Australia’s policy is driven by ideology, not science.
Australia is out of step with international best practices. The World Health Organization (WHO) recognizes tobacco harm reduction as a legitimate strategy, yet Australia continues to push prohibition over regulation.
Fact: Countries with regulated vaping policies have seen greater declines in smoking rates and fewer black market issues compared to Australia.
7. Nicotine Itself is Not the Cause of Smoking-Related Diseases
Butler repeatedly demonizes nicotine, ignoring scientific consensus:
Nicotine is not responsible for smoking-related diseases. The main harm from smoking comes from tar, carbon monoxide, and other combustion byproducts, not nicotine.
Nicotine has been used safely in medications for decades. Nicotine replacement therapies (NRTs), such as patches and gum, pose no significant health risks.
Nicotine does not cause mental health issues. Some studies even suggest that nicotine may help improve cognitive function and mental health in certain cases.
Fact: The focus should be on eliminating combustible tobacco, not nicotine itself, which can be used safely in reduced-risk products like vapes.
Mark Butler MP’s speech on vaping is misleading, fear-based, and contradicts the best available evidence. The reality is:
✅ Vaping is significantly less harmful than smoking and helps people quit.✅ The "youth vaping epidemic" is exaggerated—most youth vapers were already smokers.✅ There is no strong evidence that vaping causes young people to take up smoking.✅ Banning legal vapes fuels the black market, making youth access worse.✅ Nicotine itself is not the cause of smoking-related disease—combustion is.✅ Australia’s prohibitionist approach has failed—countries with regulated models are more successful.
Policy Recommendation:
Instead of prohibition, Australia should adopt a regulated consumer model, similar to the UK and New Zealand, which includes:
Licensed vape retailers with strict age verification.
Strict safety and ingredient regulations for vaping products.
Public education campaigns on the differences between smoking and vaping.
A separate route for medical vapes for those who prefer a prescription model.
This balanced approach would help smokers quit, reduce smoking-related diseases, and protect public health. Prohibition has failed—Australia needs evidence-based regulation, not fear-mongering.
2 May 2023 - Taking Action On Smoking & Vaping
Media Realease:
Taking action on smoking and vaping
"The Albanese Government is taking strong action to reduce smoking and stamp out vaping – particularly among young Australians – through stronger legislation, enforcement, education and support."
- "The 2023–24 Budget will include $737 million to fund a number of measures to protect Australians against the harm caused by tobacco and vaping products.
Why Mark Butler’s Anti-Vaping Strategy is Flawed: A Critical Analysis
Mark Butler’s latest crackdown on vaping is being framed as a public health victory, but the reality is starkly different. His policy is not based on sound evidence but on a misguided ideological crusade against nicotine vaping.
Here’s why his statements and proposed reforms are deeply flawed.
1. The Black Market Will Thrive, Not Be Stamped Out
Flawed Claim:
"The Government will work with states and territories to stamp out the growing black market in illegal vaping."
Reality:
Butler’s policy will expand the black market, not shrink it. By banning retail vape sales and limiting access to prescription-only nicotine vapes, Australia is forcing vapers and smokers into the arms of criminal networks.
Evidence from Australia's prescription-only model has already shown a thriving black market supplying unregulated, potentially unsafe products.
In contrast, countries like the UK and New Zealand have implemented well-regulated retail models, which ensure product safety while keeping vapes accessible to adult smokers who need them to quit.
2. The Youth Vaping Epidemic is Overstated
Flawed Claim:
"Vaping is creating a whole new generation of nicotine dependency in our community."
Reality:
Most young people who vape are former or current smokers, and regular vaping among never-smokers remains uncommon.
Studies show vaping is displacing smoking among youth, meaning fewer young people are taking up cigarettes.
The UK experience proves that strong youth protections—without banning access for adults—can control youth vaping while preserving vaping as a harm-reduction tool for smokers.
The Minister’s use of misleading statistics creates unnecessary fear and stigma, instead of focusing on effective youth education and enforcement against illegal underage sales.
3. Vaping Helps Smokers Quit, Banning It Will Cost Lives
Flawed Claim:
"Vaping was sold as a therapeutic product to help long-term smokers quit. It was not sold as a recreational product – especially not one targeted to our kids."
Reality:
Vaping is one of the most effective tools for quitting smoking, with studies showing it is more effective than nicotine patches or gum.
The NHS, Cancer Research UK, and the Royal College of Physicians all support vaping as a harm reduction tool.
Australia’s strict prescription-only model has failed—smokers are struggling to access vapes legally, and many are being forced to return to cigarettes.
4. The Proposed Regulations Make No Public Health Sense
Flawed Claim:
"The Government is proposing stronger regulation and enforcement of all e-cigarettes, including new controls on their importation, contents, and packaging."
Reality:
Reducing nicotine concentrations contradicts scientific research showing higher nicotine levels help smokers transition away from cigarettes.
Pharmaceutical-style packaging increases costs without offering any health benefit.
Banning flavors makes vapes less appealing to adult smokers, yet flavors are crucial for switching successfully.
5. The “Gateway Theory” is Debunked
Flawed Claim:
"Young people who vape are three times as likely to take up smoking."
Reality:
The "gateway theory" is not supported by credible evidence. Most studies suggest that those who experiment with vaping were already prone to trying cigarettes.
In countries with open vape markets, smoking rates among youth have continued to decline, undermining the claim that vaping is leading to more smoking.
6. Raising Tobacco Taxes is a Financially Punitive, Not a Public Health Measure
Flawed Claim:
"Tax on tobacco will be increased by 5 per cent per year for 3 years... to reduce the affordability of tobacco."
Reality:
Excessive taxation does not eliminate smoking; it disproportionately harms lower-income Australians who are more likely to smoke.
Instead of helping smokers transition to a safer alternative, Australia is punishing them financially while restricting their access to safer nicotine products.
This is a policy built on fear, not science!
Mark Butler’s policy ignores international evidence, exaggerates youth vaping risks, and undermines adult access to a proven harm-reduction tool.
Instead of criminalizing vapers and expanding the black market, Australia should adopt a regulated retail model that ensures:
✔ Strict age verification
✔ Product safety standards
✔ Access for adult smokers
If Australia truly wants to reclaim its leadership in tobacco control, it must follow the science, not prohibitionist fear-mongering.
7 June 2024 - FOI Doc - Rushed Bill Dialogue
