Regulations of Electronic Nicotine Delivery Systems in Australia

1Public Health Law and Policy
Running head: Public Health Law and Policy
Public health law and policy
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2Public Health Law and Policy
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.

3Public Health Law and Policy
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

4Public Health Law and Policy
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).