Ban the import of disposable e-cigarettes in 2024. The ban will apply to disposable e-cigarettes regardless of nicotine content or therapeutic claims.
What is a disposable e-cigarette?
Disposable e-cigarettes are vaping devices that are fully charged and filled with e-liquid by the manufacturer. You don’t need to charge or refill your disposable e-cigarette before using it, and you can start vaping immediately after removing the device from the packaging.
How do disposable e-cigarettes work?
Disposable e-cigarettes consist of four main components:
- Battery
- logic board
- wick
- heating coil
Here’s how disposable e-cigarettes work.
The battery powers the device. The battery in a disposable e-cigarette can typically provide hundreds of puffs of juice before running out. At that point, you'll need to replace the device, unless the battery is rechargeable. If you have a disposable e-cigarette with a USB port, you can charge it when the battery is depleted and continue using the device until the e-cigarette is depleted.
The logic board controls the functions of the disposable e-cigarette. It connects to the battery and puff sensor, which powers the heating coil when you puff on the device. The logic board is also responsible for the device's safety features, which may include automatic overheating, short circuit, and low voltage protection. In a rechargeable disposable e-cigarette, the logic board also handles the charging function and ensures that the battery stops charging when it reaches the target voltage.
The wick holds the e-liquid for the disposable e-cigarette and supplies the e-liquid to the heating coil. In most disposable e-cigarettes, the wick is wrapped around a coil. When you vape, the coil vaporizes the e-juice inside the wick. When you smoke the device, the absorption process brings more e-liquid from the outside of the wick into the coil. This continues until the wick dries out, at which point it is time to replace the device.
A coil is a heating element made of a metal or alloy with high electrical resistance. When electricity passes through the coil, the resistance causes the coil to generate heat, causing the e-liquid to evaporate.
All disposable e-cigarettes are draw-activated, meaning the device produces vapor when you draw on the mouthpiece. Between puffs, the wick will refresh the coil with more e-liquid. This process continues until the wick dries out or the battery is exhausted.
Influence
The ban also applies to individuals ordering disposable e-cigarettes from overseas for therapeutic use under the Personal Import Scheme.
Limited exceptions apply to international travelers arriving in Australia with a small amount of e-cigarettes for medical treatment or to treat an accompanying person for medical treatment.
Disposable e-cigarettes imported into Australia before January 1, 2024 can continue to be legally supplied in Australia, but they must meet the following requirements:
- Under state and territory prescription drug laws, nicotine-containing disposable e-cigarettes that meet TGA requirements can continue to be legally available in Australian pharmacies to patients with a prescription.
- Disposable e-cigarettes, which do not contain nicotine or any other drugs and make no therapeutic claims, are generally available from retailers (including e-cigarette shops), subject to state or territory laws.
Additionally, from 1 January 2024, doctors and nurse practitioners will be able to prescribe therapeutic e-cigarettes to quit smoking or manage nicotine dependence without having to apply for pre-authorization or approval from the TGA through the new Special Access Scheme C route. This will reduce the administrative burden on prescribers while promoting legal access to therapeutic e-cigarettes as part of a medically supervised smoking cessation strategy.
In addition to this new pathway, practitioners can continue to use the existing Authorized Prescriber and Special Access Scheme B pathways.
Starting from March 1, 2024, all non-therapeutic e-cigarettes will be banned from import. This means it will be illegal to import non-therapeutic e-cigarettes on or after March 1, 2024, even if they were ordered before March 1, 2024 and have not yet arrived in Australia.
In addition, all e-cigarette imports under the personal import program will end on March 1, 2024. From that date, patients will no longer be able to order e-cigarettes directly from overseas, even if they have a prescription.
This will allow legal retailers of non-therapeutic e-cigarettes that do not contain nicotine to reduce stocks ahead of the government introducing legislation later in 2024 to prevent the domestic manufacturing, advertising, supply and commercial possession of non-therapeutic e-cigarettes to ensure that Comprehensive control of e-cigarettes spans all levels of the supply chain.
Additionally, from March 1, 2024, new pre-market requirements will apply to the import and manufacture of all therapeutic e-cigarettes. Notices, licenses and permit forms and instructions will be made available by March 1, 2024 to give importers and manufacturers an opportunity to comply before the new requirements take effect.
Importers must obtain a customs license and permit to import therapeutic e-cigarettes and must notify the TGA that their products comply with new product standards.
These new standards:
- Suitable for treating e-cigarettes regardless of nicotine content,
- Limit flavors to mint, menthol, or tobacco only, and
- Specifies certain requirements for vaping devices that were previously excluded from the therapeutic products framework.
The TGA will publish a list of therapeutic e-cigarettes that have been notified by the importer or manufacturer to be used for smoking cessation or nicotine dependence management purposes and that meet relevant product standards.
Therapeutic e-cigarettes imported or manufactured before 1 March 2024 can still be legally supplied by pharmacists, provided that they comply with the relevant product standards applicable at the time of import or manufacture. This will allow pharmacies to continue an uninterrupted supply of therapeutic e-cigarettes. In 2024, product standards for therapeutic e-cigarettes will be further strengthened, including reducing the allowed nicotine concentration and requiring drug packaging.
Therapeutic e-cigarettes containing medicinal cannabis will continue to be regulated separately and will not be affected by the enhanced quality requirements mentioned above. However, under customs legislation there will be new notification requirements for unfilled therapeutic cannabis vaping devices. These devices must comply with current fundamental principles.
The proposed reforms would not criminalize e-cigarette users in any way. The Australian government does not and will not criminalize personal possession and use of e-cigarettes.
