Regulations of Electronic Nicotine Delivery Systems in Australia

This study reflects the regulations of electronic nicotine delivery systems (e-cigarettes) in Australia. The recent legislation and laws regarding the above-mentioned device and its business as well as development on recent legislation have been explained through this study. The study also analyzes the legislative and regulatory context of changes and improvements to public health outcomes.

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Running head: Public Health Law and Policy
Public health law and policy
Author’s Name
Institutional Affiliation

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Public Health Law and Policy
Introduction
In the modern era, technology is considered one of the major components, which has
changed the world in a significant manner. Fundamentally, technological advancement has
helped in completing the tasks easily. In this context, E-cigarettes can be justified as a device,
which can be used in for substituting smoking (Quit Victoria, 2018). This device works on a
battery and one liquid pouch. Contextually, the pouch is called ‘vapor’, which generates
smokes after heating up the device. However, this device is less harmful as compared to real
cigarettes. However, between 2011 and 2015, the trend of using this device has been
increased (Bishop & Gould, 2017). Non-smokers individuals also use this device and can be
hazardous for them (WHO, 2014). This study intends to reflect the regulations of electronic
nicotine delivery systems (e-cigarettes) in Australia. Hence, the recent legislation and laws
regarding the above-mentioned device and its business as well as development on recent
legislation have been explained through this study.
Discussion
Background and Context
In 1930, E-cigarette was first patented by Joseph Robinson. In this particular period,
the device was not manufactured by the market or consumers (CASAA 2018). In the 1990s,
E-cigarette device was gained popularity within the world market. At the same time, the Food
and Drug Administration of America introduced this product within the market in 1998. It is
this period when E-cigarette acquired market significantly. The product gained success in
2003. In 2006, E-cigarette was introduced in Europe, which took over the market the ordinary
cigarettes. From 2008 to 2011, most of the countries including Australia banned E-cigarette
due to its significant harm. However, the World Health Organization developed a report on
E-cigarette in 2010, which reflected that the E-cigarette is less harmful than the ordinary one.

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The members of the World Health Organization also stated that the E-cigarette can also be
used during the period of pregnancy. At the same time, the World Health Organization
further stated that the non-smokers can use this device, as it does not harm their health as
compared to a real cigarette. In 2012, United Tobacco Vapor Group Inc. won a lawsuit in
favor of E-cigarette with the support of CASAA, ECCA UK, IGED, and ATACA. A smoke
alternative was successfully developed after. In the recent era, E-cigarette manufacturing
industry is one of the largest industry in the world (CASAA, 2018).
With respect to Australia, smoking rates are observed to be low in the country.
Approximately, 2% people of the entire population have been consuming cigarettes (Cancer
Australia, 2018). However, the government of Australia has not allowed the consumption of
nicotine or tobacco within the country. For this reason, the companies of E-cigarette of
Australia have launched non-nicotine E-cigarette for the customers. Moreover, the youth of
the country are engaged more in the consumption of E-cigarettes. In addition, E-cigarettes are
offered to the customers in different flavors (Biggers, 2018). Nonetheless, this product has
immense popularity all over the world, however, in Australia, it has certain restrictions,
which has been explained in the below section of the study. Less usage and harm volume of
tobacco can be considered as the reason behind the restrictions.
Explain and Analyze the Legislative and Regulatory
In accordance with the Tobacco Control Act 2002, Sections 6 and 46, selling tobacco
within the market is considered to be an illegal offense in Australia. Tobacco product or
similar nicotine products are not allowed in Australia. An individual can face legal
punishment if they are found to smoke regarding this. According to the Medicines Poisons
and Therapeutics Goods Act 2012 sections 7 and19, the therapist, pharmacist along with the
medical practitioners can sell the tobacco product if they have permission or license from the

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government. The government of Australia categorizes nicotine in two parts, which include S4
and S7. In this context, S7 is the most restricted nicotine in Australia. The only authentic
permit can allow selling of this product but in a limited manner. With respect to the E-
cigarettes, Health Legislation Amendment Bill 2014, Part 8 Amendment of Tobacco and
Other Smoking Products Act 1998 has stated that personal vaporizers can be treated as a
smoking product. In addition, the people, who are smoking E-cigarettes, are not allowed to
sell and reassemble the E-cigarettes within the market. Furthermore, individuals below the
age of eighteen years are legally restricted from smoking (Douglas, Hall, & Gartner, 2015).
According to the Public Health Act 1997 ss 68A, displaying or reassembling any kind
of tobacco product is an offense Additionally, according to the Poisons Act 1971 and Poisons
Regulation 2008, any kind of tobacco treated as poison within the country. Thus, individuals
or companies are not allowed to manufacture poison, however only proper licensing can help
the companies to do so. As indicated by the Tobacco Act 1987 s 15N, 15S, 15O, selling
tobacco product is banned in Australia. Thus, selling of the banned products is a criminal
offense in the nation (Douglas, Hall, & Gartner, 2015). However, the government of
Australia has not provided a ban in E-cigarettes. Hence, non-nicotine E-cigarettes are being
sold and manufactured within the country. Based on the above information, Australian
Tobacco Acts further states the country has a serious restriction regarding nicotine and
tobacco-related products. With respect to E-cigarettes, only non-poisonous or non-nicotine E-
cigarettes is available within the market. Moreover, the country has maintained a poison level
in which S4 and S7 products are not allowed to be manufactured within the market, as it is a
legal offense (Remeikis, 2018).

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Analyzing the Legislation in the Context of Changes and Improvements to Public
Health Outcomes
Nicotine is considered to be injurious for a human body. The high volume of nicotine
consumption can lead a human being towards early death. At the same time, it also initiates
serious diseases within the human body such as cancer. With the respect of the Australian
government, the laws and legislation are prohibiting nicotine and tobacco products to be sold
in the nation (Norton, June, & O’Connor, 2014). By implementing the above-mentioned laws
and legislation, the population of Australia has been able to maintain a secure and healthy
life. However, E-cigarette is a product, which attracts most of the youngsters along with
teenagers (The Cancer Council, 2018). However, E-cigarette is less harmful than the ordinary
one, but it spared toxins within the body of non-smokers as well as the teenagers. For this
reason, the government of Australia has restricted teenagers for consuming tobacco products
as per the Health Legislation Amendment Bill 2014. However, tobacco is a harmful
component, which leads to damaging the human body. In the case of E-cigarette, it provides a
low volume of nicotine within the human body. Hence, it can be asserted that the government
of Australia has implemented adequate law regarding tobacco, as it helps in improving the
population of Australia in a significant manner (WHO, 2014a).
According to The Cancer Council (2018), smoking can lead to cause various diseases
such as cardiovascular diseases and asthma among others. Hence, the government of
Australia is able to avoid these diseases by implementing the aforementioned legislation. It
assists in developing the health of the public of Australia. Chances of aforesaid diseases are
low in the respective nation due to the legislation. In 2013, 41% of the smokers joined in
“National Drug Strategy Household Survey” and reflected that their health is significantly
good with respect to the ex-smokers (The Cancer Council, 2018). However, both smokers
and non-smokers are observed to be facing asthma due to smoking habits. After

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implementing the Tobacco Control Act 2002 and Medicines Poisons and Therapeutics Goods
Act 2012, the volume of a tobacco product has been decreased within the markets of
Australia. Tobacco constraints within the market are leading the smokers to become non-
smokers. This is the point, wherein the health of Australians’ are developed and improved in
in sufficient manner (Etter, 2010).
Critique the Roles and Responsibilities of Major Stakeholders
Based on the above discussion, it can be asserted that tobacco products are strictly
prohibited in Australia. Only, non-nicotine products are legally approved in Australia Based
on the overall study findings of WHO (2014), Electronic Nicotine Delivery Systems is a safe
and significant resemblance of a real cigarette. Through the use of electronic nicotine
delivery systems, the youth of the country are found not to engage in consuming nicotine-
based products, thereby getting addicted. In addition, E-cigarettes involve a relatively low
volume of tobacco, which can lead to the death of individuals. At the same time, it is a good
alternative for the smokers, wherein they can consume a product, which is less harmful than
the real one. Simultaneously, E-cigarettes are helped individuals to get rid of the addiction or
dependency of nicotine. In the case of Australia, a decision has been taken by the government
and the World Health Organization in the year 2012. This stated, “FCTC/COP5 (10): Control
and prevention of smokeless tobacco products and electronic nicotine delivery systems,
including electronic cigarettes” (WHO 2014b). The decision is that the government of
Australia has to research on the smokeless tobacco products (WHO, 2014) b). After the
research period, the government can provide a viewpoint regarding smokeless tobacco
products. However, the government of Australia has not provided any decision regarding
FCTC/COP/5/12 and FCTC/COP/5/13. Hence, the chance of ENDS is overdue within the
country. Positive outcomes may be reflected in the upcoming future (UNDP, 2017).

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With respect to the major roles and responsibilities of the stakeholders in Electronic
Nicotine Delivery Systems, the government of the country has an essential role to launch E-
cigarette within the Australian market. At the same time, the existing companies within the
Australian market have to support their government (Etter, 2010). In unison, the companies
will not have the intention of providing a high dosage of tobacco within the product. On the
other hand, customers are the key stakeholders of the country, if the Electronic Nicotine
Delivery Systems will start on again without the license by the government of Australia.
However, both government and companies must execute certain responsibilities such as
maintaining nicotine volume, limited & restricted manufacturing, restricted for the teenagers,
and especially avoid overdosage of the product. These above-mentioned factors can be
perceived as key roles and responsibilities of Australian stakeholders regarding ENDS
(Bishop & Gould, 2017).
The National Legislation Is Consistency with International Frameworks
Based on the overall study findings of Ernst & Young LLP., (2016), it has been
identified that the market of Electronic Nicotine Delivery Systems has been growing
significantly in past decades. Approximately 120% growth has been observed between the
years 2013 and 2016. At the same time, regular usage of ENDS has been developed day by
day. Approx 63% people of South Korea, 52% people of UK and 49% of people in France
are consuming Electronic Nicotine Delivery Systems on a regular basis. By using Electronic
Nicotine Delivery Systems, the ordinary users have decreased significantly in the world
market (Ayers, Ribisl, & Brownstein, 2011). In addition, this product is more popular among
individuals with the age of 30 to 44 years old. Both men and women are the users of
Electronic Nicotine Delivery Systems. Furthermore, most of the non-tobacco flavored
Electronic Nicotine Delivery Systems are more popular within the global market (Ernst &
Young LLP., 2016). In recent time, this product is observed as one of the fastest growing

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products in the world economy. A huge volume of consumers is purchasing and using
Electronic Nicotine Delivery Systems, as it is one of the effective alternative ways to quit
smoking. Based on the above information, it can be claimed that the Electronic Nicotine
Delivery Systems is a valuable product, which is significantly less harmful than the real
cigarettes (UNDP, 2017).
With respect to Australia, E-cigarettes are strictly prohibited within the country. Only
licensed individuals are allowed in using and selling the Electronic Nicotine Delivery
Systems within the market. In the case of tobacco or nicotine, the people of the country are
not allowed to consume and sell. However, non-nicotine e-cigarettes are allowed within the
country (Harrell, Simmons, Correa, Padhya, & Brandon, 2014). Based on this information, it
can be stated that Australia is not consistent with respect to the international Electronic
Nicotine Delivery Systems market. Legislation and laws of Australian government have
restricted Electronic Nicotine Delivery Systems within the nation. In order to make the
country consistent, the government must consider allowing these devices so that the
traditional smokers can leave the addiction and spend a healthier life. Nonetheless, this
device does not harm human body as well lungs with respect of traditional cigarettes, thus,
the government of Australia must focus on Electronic Nicotine Delivery Systems so that they
can balance and maintain consistency within the global market (Commonwealth of Australia,
n. d.).
Strategies Adopted In Implementing the Legislation
In order to implement law and legislation regarding Electronic Nicotine Delivery
Systems, the government of Australia must follow and adopt certain strategies. Initially, it
focuses on supporting structure in which the government and the Commonwealth of Australia
must create a framework, wherein the users of E-cigarettes must maintain governmental rule.

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At the same time, the country must provide a limited volume of this product within the
market so as to balance demand and supply to large extent. Secondly, an effective plan must
be developed so that the uses of tobacco can be controlled and managed in a non-harmful
manner (Rudy & Durmowicz, 2016). Another strategy is that the government must measure
the cost of implementation along with its benefits to the residents. Moreover, E-cigarettes are
significantly expensive within the global market. Hence, the Australian government must
focus on the price of Electronic Nicotine Delivery Systems and its profitability volume from
the market. Finally, a survey must be conducted through the market so that the demand for
this device can be recognized. Through this process, the cost of the device can also be kept
reasonable (UN Women, 2012).
By following above-mentioned strategies, the government of Australia can implement
an effective as well as the efficient law regarding the Electronic Nicotine Delivery Systems.
People of the country can taste nicotine as a luxury product, wherein the government will
receive a reasonable volume of profitability from the market (Grana, Benowitz, & Glantz,
2013). As the E-cigarette device is not harmful to cause diseases within the human body, the
people of the country will spend a healthier life by consuming it. In addition, the smokers or
addicted nicotine consumer will receive an alternative, which assists them to quit smoking in
an effective manner (Commonwealth of Australia, n. d.).
Conclusion
After analyzing the study, it has been observed that the E-cigarette device is one of
the most popular products in the global market. The World Health Organization has provided
a positive statement towards these devices that it is not harmful to consume E-cigarette in
comparison with real cigarettes. This statement has assisted in developing this industry in a
significant manner. However, these devices along with any kind of tobacco products are

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prohibited and restricted within Australia. Only pharmacist, medical practitioner, and
manufacturer are allowed to use with the support of license or permission. Hence, the
consistency of this country regarding the Electronic Nicotine Delivery Systems is not good
enough, as it has significant popularity within the global market. Moreover, non-nicotine E-
cigarettes is available within the Australian market. People can consume flavored E-cigarettes
and is considered to be legal in Australia. Hence, ENDS is not a popular product in the
Australian market but it has been predicted that it will in future. This is mainly due to the
market popularity of this product, which influences the people of Australia. It will aid to
penetrate these devices within the Australian economy.

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