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The dilemma facing the NSW Parliament Inquiry into Vaping

Writer's picture: Colin MendelsohnColin Mendelsohn

Updated: Dec 12, 2024

THIS WEEK I GAVE EVIDENCE to the NSW Parliamentary Inquiry into vaping. However, I was appalled by the false and misleading information provided to the Committee in anti-vaping submissions and oral evidence by experts whose advice has created the current regulatory disaster. Continuing to follow this flawed advice will only lead to further harm to public health.

Rampant misinformation

I was shocked by the pervasive misinformation provided to the Inquiry from supposed experts who should know better. Some of the most egregious and misleading arguments are listed below, with my responses in brackets:

  1. That vaping is a gateway to smoking [response]

  2. Vaping is increasing smoking in youth [response]

  3. Vaping is as harmful as smoking [response]

  4. Nicotine harms the adolescent brain [response] and causes seizures [response]

  5. Vaping nicotine causes EVALI, a serious lung condition [response]

  6. We just need to expand enforcement to eliminate the black market [response]

  7. Vaping has limited evidence of efficacy [response]

  8. Vaping is a threat to tobacco control and is a public health crisis [response]

  9. A ban will protect young people from vaping [response]

  10. Vaping is a tobacco industry plot [response]

  11. The NHMRC and ANU reports are accurate reviews of the evidence [NHMRC response] [ANU response]

My evidence

I gave evidence at the Hearing on 12 April 2024 ⤵️


➡️ My written submission is available here.

➡️ Here is my introductory speech at the Hearing:

“Australia’s policy on vaping is driven by valid concerns about harm to young people. However, we need to balance the small harms to young people against the substantial benefits of vaping in reducing death and disease from smoking. Modelling studies consistently show that vaping has a positive impact on public health overall. [link] Regulation should reflect that.

The current restriction of vaping amounts to prohibition, and drug prohibitions are rarely successful. [link] Vaping is so harshly restricted that 90% of users don’t comply. This has predictably

  1. Created a thriving and dangerous black market controlled by criminal gangs with serious, escalating violence

  2. Resulted in the vast majority of products are unregulated

  3. Made it much easier, not harder, for young people to access vapes

  4. Reduced legal access by smokers who need vaping to quit

History has shown that [link]

  1. Enforcement and border control efforts have minimal impact on the supply of drugs

  2. The only way to significantly reduce a black market is to replace it with a legal, regulated one

The NSW Parliament must decide whether to allow the current failed model to continue under criminal control or to take control and regulate the market

The best way forward is to make vapes available as adult consumer products from licensed retail outlets with strict age verification like cigarettes and alcohol. [link] This will bring Australia into line with other Western countries.

It will reduce youth access, enable legal access for adult smokers, and reduce the black market

The Committee’s dilemma

Past experience with Parliamentary Inquiries into vaping suggests that Committee members vote along Party lines that are pre-determined before the Inquiry.

However to make rational decisions, Committee members rely on honest, accurate and unbiased evidence from experts. Making an accurate assessment is not possible if the Inquiry is flooded by false testimonies driven by ideology and vested interests.

We can only hope that the Committee members stop taking advice from the supposed experts whose advice has created the current failed scenario. More of the same will lead to disastrous consequences for public health.

Resources

  1. Prof Rowena Ivers, RACGP

  2. Dr Celine Kelso, Dr Jody Moller, UOW

  3. Dr Colin Mendelsohn

  4. Prof Nicole Lee, 360Edge

  5. Dr Raglan Maddox, ATSI Wellbeing Research

  6. Mr Martin Graham, Ms Megan Kelly, Dept Education

  7. Mr Scott Cook, NSW Police

  8. Dr Kerry Chant, CHO, NSW Health

  9. Ms Gemma Broderick, NSW Health

  10. Prof Tracey O’Brien, Cancer Institute, NSW Health

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