“Is it banned? Is it illegal?”: Navigating Western Australia's regulatory environment for e-cigarettes

Background: In Australia, there is no Federal legislation that directly applies to e-cigarettes, instead, several existing laws relating to poisons, therapeutic goods and tobacco control apply. Across all Australian States and Territories, it is illegal to sell nicotine-containing e-cigarettes, ho...

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Main Authors: McCausland, Kahlia, Maycock, Bruce, Leaver, Tama, Wolf, Katharina, Freeman, Becky, Jancey, Jonine
Format: Journal Article
Published: Elsevier 2021
Subjects:
Online Access:http://hdl.handle.net/20.500.11937/82817
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author McCausland, Kahlia
Maycock, Bruce
Leaver, Tama
Wolf, Katharina
Freeman, Becky
Jancey, Jonine
author_facet McCausland, Kahlia
Maycock, Bruce
Leaver, Tama
Wolf, Katharina
Freeman, Becky
Jancey, Jonine
author_sort McCausland, Kahlia
building Curtin Institutional Repository
collection Online Access
description Background: In Australia, there is no Federal legislation that directly applies to e-cigarettes, instead, several existing laws relating to poisons, therapeutic goods and tobacco control apply. Across all Australian States and Territories, it is illegal to sell nicotine-containing e-cigarettes, however, users can legally import nicotine-containing vaporisers through the Personal Importation Scheme. Western Australia differs from other Australian States and Territories in that products which resemble tobacco products are banned, effectively prohibiting the use of e-cigarettes. This study aimed to understand how e-cigarette users navigate Western Australia's regulatory environment to access vaping products and the health and safety issues encountered. Methods: Working from a constructionist epistemology and a symbolic interaction framework, in-depth interviews were conducted with a purposive sample of 37 current (89%) and former (11%) adult vapers (70% male, mean age of 32.5). Data was analysed via thematic analysis. Results: Vape retailers were said to be circumventing Western Australia's e-cigarette restrictions by selling the components of ‘open system’ devices that do not resemble a tobacco product when sold individually. Participants were unsure of the legality of importing, accessing and using nicotine and e-cigarettes, however, the majority continued to use nicotine-containing vaporisers and implemented strategies in an attempt to avoid detection and safeguard their health. The internet facilitated access to desired products, information on health and safety, and discussions of personal experiences. Conclusions: The Australian Therapeutic Goods Administration has recently (21 December 2020) confirmed that from 1 October 2021 smokers who have tried quitting with other approved cessation pharmacotherapies will be required to obtain a prescription for nicotine-containing vaporiser products from a registered medical practitioner. The results of this study suggest further consideration of regulatory measures are however required to support the different characteristics of vapers and to mitigate the health and safety concerns experienced by e-cigarette users.
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spelling curtin-20.500.11937-828172021-03-22T06:18:54Z “Is it banned? Is it illegal?”: Navigating Western Australia's regulatory environment for e-cigarettes McCausland, Kahlia Maycock, Bruce Leaver, Tama Wolf, Katharina Freeman, Becky Jancey, Jonine E-Cigarette Vaping Nicotine Background: In Australia, there is no Federal legislation that directly applies to e-cigarettes, instead, several existing laws relating to poisons, therapeutic goods and tobacco control apply. Across all Australian States and Territories, it is illegal to sell nicotine-containing e-cigarettes, however, users can legally import nicotine-containing vaporisers through the Personal Importation Scheme. Western Australia differs from other Australian States and Territories in that products which resemble tobacco products are banned, effectively prohibiting the use of e-cigarettes. This study aimed to understand how e-cigarette users navigate Western Australia's regulatory environment to access vaping products and the health and safety issues encountered. Methods: Working from a constructionist epistemology and a symbolic interaction framework, in-depth interviews were conducted with a purposive sample of 37 current (89%) and former (11%) adult vapers (70% male, mean age of 32.5). Data was analysed via thematic analysis. Results: Vape retailers were said to be circumventing Western Australia's e-cigarette restrictions by selling the components of ‘open system’ devices that do not resemble a tobacco product when sold individually. Participants were unsure of the legality of importing, accessing and using nicotine and e-cigarettes, however, the majority continued to use nicotine-containing vaporisers and implemented strategies in an attempt to avoid detection and safeguard their health. The internet facilitated access to desired products, information on health and safety, and discussions of personal experiences. Conclusions: The Australian Therapeutic Goods Administration has recently (21 December 2020) confirmed that from 1 October 2021 smokers who have tried quitting with other approved cessation pharmacotherapies will be required to obtain a prescription for nicotine-containing vaporiser products from a registered medical practitioner. The results of this study suggest further consideration of regulatory measures are however required to support the different characteristics of vapers and to mitigate the health and safety concerns experienced by e-cigarette users. 2021 Journal Article http://hdl.handle.net/20.500.11937/82817 10.1016/j.drugpo.2021.103177 http://creativecommons.org/licenses/by-nc-nd/4.0 Elsevier fulltext
spellingShingle E-Cigarette
Vaping
Nicotine
McCausland, Kahlia
Maycock, Bruce
Leaver, Tama
Wolf, Katharina
Freeman, Becky
Jancey, Jonine
“Is it banned? Is it illegal?”: Navigating Western Australia's regulatory environment for e-cigarettes
title “Is it banned? Is it illegal?”: Navigating Western Australia's regulatory environment for e-cigarettes
title_full “Is it banned? Is it illegal?”: Navigating Western Australia's regulatory environment for e-cigarettes
title_fullStr “Is it banned? Is it illegal?”: Navigating Western Australia's regulatory environment for e-cigarettes
title_full_unstemmed “Is it banned? Is it illegal?”: Navigating Western Australia's regulatory environment for e-cigarettes
title_short “Is it banned? Is it illegal?”: Navigating Western Australia's regulatory environment for e-cigarettes
title_sort “is it banned? is it illegal?”: navigating western australia's regulatory environment for e-cigarettes
topic E-Cigarette
Vaping
Nicotine
url http://hdl.handle.net/20.500.11937/82817