Western Australia is drafting regulations that will prevent the over-the-counter supply of vapes, however the Guild says many pharmacies won’t be stocking the products anyway.
With the Commonwealth’s vaping reforms set to come into full effect tomorrow, Western Australia’s health minister says the state is following in Tasmania’s footsteps and drafting regulation to ban the sale of over-the-counter vapes at pharmacies.
In June, the Senate passed the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024, banning the domestic manufacture, supply, commercial possession and advertisement of disposable and non-therapeutic vapes.
Tomorrow the legislation will come into full effect, following a three-month transition period, meaning adults will be able to purchase vapes over the counter after consultation with a pharmacist, while under 18s will need a GP prescription.
Only plain-packaged vapes compliant with TGA standards, in menthol, tobacco and mint flavours will be legally available for purchase.
Last week, WA health minister Amber-Jade Sanderson announced that the state would be moving to override the new national laws on vaping, after the legislation was “watered down” to secure the support of the Greens in the Senate.
“The federal government had to make a decision because the Greens held the entire package of laws to ransom,” she said.
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“I support the fact that the minister [Mark Butler] found a way to introduce a package of laws that, overall, is tough on vaping.”
Ms Sanderson told the ABC that the state would move to introduce local regulations “as soon as practically possible”.
“We have essentially moved to seek our own independent legal advice, and we have received that now which essentially outlines that it wouldn’t be an issue constitutionally for the state to override this part of the legislation with the WA regulations,” she said.
“So, what that means is we’re drafting regulations which will essentially eliminate that part of the Commonwealth law so that it will still be illegal in WA to access vapes without a prescription.”
Ms Sanderson urged pharmacists not to stock vapes and said there was minimal evidence that vapes were effective for nicotine cessation.
“There are far better options available that GPs will generally support their patients with,” she said.
Vice president of the Pharmacy Guild Anthony Tassone told The Medical Republic that the choice to stock, or not to stock, was in the hands of pharmacies.
“The choice to stock and provide nicotine containing vapes is a matter for the individual pharmacy to consider,” he said.
“Feedback from our members and the industry suggests that most pharmacies do not intend on stocking these products with franchise brands such as: Priceline Pharmacy, TerryWhiteChemmart, Blooms the Chemist, Pharmacy 777 and National Pharmacies already indicating they do not support the supply of nicotine vaping products over the counter without a doctor’s prescription.”
Mr Tassone reiterated the Guild’s position against OTC supply of vapes in pharmacies.
“The Guild does not support nicotine vaping products being available under Schedule 3 as a Pharmacist Only Medicine without a prescription from the doctor whilst they are unapproved items and not included on the Australian Register of Therapeutic Goods (ARTG) to assess their: quality, safety and efficacy,” he told TMR.
“There is limited evidence of their long-term safety and potential harm or any effectiveness and cannot be considered therapeutic in the true sense given these unknowns and whilst not included on the ARTG.
“There are a variety of other treatment options with a much stronger evidence base, that are on the ARTG that can assist patients in quitting smoking.”
