E-cigarettes still prohibited in Australia in spite of help from a few MPs
To vape, or not to vape. Even after a year-long inquest, Australia's parliament can't decide.
The parliamentary committee charged with reviewing the country's e-cigarette laws, which bans personal vaping devices and the nicotine liquid which accompanies it, remains split.
The official report called for further request, recommending the National Health and Medical Gathering store an independent review of the available evidence of the health effects of vaping, and e-cigarette liquids, and in addition a review of the regulations around the globe.
In any case, the committee's seat, Trent Zimmerman, wrote a dissenting report with his Liberal party colleague Tim Wilson.
"The committee has been presented with starkly clashing views amid this request and I respect those committee members who have formed different judgements to my own," Zimmerman wrote.
"I do, however, unequivocally disagree with the conclusions reached by the greater part of my colleagues.
"… While the evidence base regarding e-cigarettes is as yet emerging, there are clear signs that e-cigarettes are altogether less destructive to human health than smoking tobacco cigarettes. On the off chance that long haul smokers who have been unable to stop smoking tobacco cigarettes change to e-cigarettes, a great many lives could be saved."
Queensland MP Andrew Laming additionally submitted a dissenting report, which echoed the soul of Zimmerman's decisions, in spite of the fact that was considerably more concise.
"Life is short and shorter for smokers. Simply legalize vaping," he wrote in his two-sentence official report, believed to be one of the shortest in parliamentary history.
Liquid nicotine is classified as a toxin in Australia and is banned, meaning it and nicotine e-cigarettes can't be legally sold.
The committee heard from the medical group and enormous tobacco amid its year request, where often conflicting evidence was presented about the benefits of vaping over smoking as a quit help.
Despite the fact that there was evidence to point to e-cigarettes as being better in a health sense than conventional cigarettes, concerns were raised over long haul effects and the likelihood that younger people, who have been getting some distance from cigarettes, could be attracted to vaping and become nicotine-dependent.
It was those concerns which led to the official recommendations for more data before a ultimate conclusion was made.
The committee's deputy seat, Steve Georganas, was one of the members especially concerned by the influence of tobacco companies in the sphere, composing that their consideration "gave enormous tobacco a shocking chance to influence tobacco strategy in Australia".
"This appears to have violated the World Health Organization framework convention on tobacco control by welcoming the tobacco business to submit and testify to the committee," he wrote.
"This alarmed some of the committee members and experts, for example, the Australian Medical Affiliation who additionally testified, and should caution the government.
"Governments should continue to take after the advice of the independent experts on nicotine e-cigarettes."
Nicotine e-cigarettes boycott to stay, notwithstanding challenges from Liberal MPs
The sale of electronic cigarettes containing nicotine - classified as a poison - should remain prohibited in Australia, a parliamentary committee has concluded after a year-long inquiry.
In its much anticipated report, the majority of the Standing Committee on Health, Aged Care and Sport supported the status quo, saying "current regulatory arrangements for nicotine e-cigarettes remain appropriate" and "further research into the health impacts is needed".Smokers are trying e-cigarettes in a bid to quit tobacco. Photo: Alex Ellinghausen
But the committee, which has a long history of delivering consensus reports, mostly split along party lines, with three Liberal members, including chairman Trent Zimmerman, submitting two dissenting reports, saying smokers struggling to quit should be able to legally use nicotine e-cigarettes as a quitting aid.
"Life is short and shorter for smokers. Just legalise vaping," wrote Liberal MP Andrew Laming in an extremely pithy, 10-word dissenting report.
At present, it is legal to buy "vaping" devices, but generally unlawful to sell, possess or use ones containing nicotine because the highly addictive chemical is a Schedule 7 poison.
The Therapeutic Goods Administration (TGA) last year rejected an application to exempt the drug from the dangerous poisons list.
But many users, who call themselves "vapers", say the alternative nicotine delivery system has saved their lives and they are fighting for change.
Get the latest news and updates emailed straight to your inbox.Plans for the future
The report made five recommendations: that research be reviewed every two years; that an international meeting of health experts be convened; that a national approach be taken to the regulation of non-nicotine e-cigarettes; that the TGA continues to oversee the classification of nicotine; and that the government examine colourings and flavourings.Several countries, including Britain, the US and Canada, have all moved to legalise e-cigarettes. Photo: Nam Y. Huh
With 2.4 million daily smokers, it acknowledged more needed to be done. One per cent of the population used e-cigarettes and 30 per cent had tried it at least once - much lower rates than in Britain where it's legally available.
It said public health groups and state governments generally agreed there was a lack of evidence that e-cigarettes were an effective smoking cessation tool and suggested more research was required.In an unusual move, the committee chairman Trent Zimmerman presented the dissenting report on e-cigarettes. Photo: Alex Ellinghausen
The committee remained conflicted on whether e-cigarettes was a "gateway" to smoking for young people - acknowledging concerns that a young person could become addicted to nicotine and then take up smoking, but also that smoking rates in Britain and the US were declining.
It acknowledged heavy metals and carcinogens found in e-liquids could harm the lungs, but said the health impacts were unclear and the potential risks of vaping needed to be weighed against the known impacts of smoking.Liberal MP Andrew Laming lodged a 10-word dissenting report, supporting the legalisation of e-cigarettes. Photo: Esther Han
"Some of the long-term health impacts of nicotine e-cigarettes may not be known for a decade or more but their impact on smoking rates should become clear much sooner," the report said.
"If e-cigarettes can be shown to reduce the number of smokers, then the potential benefits this may bring could strengthen the case for the legalisation of e-cigarettes."Selling nicotine e-cigarettes is generally illegal in Australia. Photo: Justin McManus War of words
Cancer Council Australia and the Heart Foundation commended the committee for upholding the integrity of the TGA and National Health and Medical Research Council (NHMRC) instead of caving into lobbyists.
"Once we start circumventing [the TGA and NHMRC] and deferring to lobbyists, whether from industry, ideologues or individual advocates, cracks will appear in the system," Cancer Council's Paul Grogan said.
But Australian Vaping Advocacy Trade and Research (AVATAR) said the recommendations were tantamount to "denying a life raft" to smokers wanting to quit.
"Australia is set to fall further behind the rest of the world as the government fails to acknowledge the vital role that e-cigarettes can offer in creating a healthier society," said its chairman Savvas Dimitriou.
AVATAR received support from e-cigarette advocate Associate Professor Colin Mendelsohn, from the University of New South Wales, who accused the committee of cherry-picking evidence.
“Vaping is not entirely risk-free but is far less harmful than smoking to users and bystanders," he said.
"This is not surprising as almost all the harm from smoking is from the tar, carbon monoxide and other chemicals from burning tobacco.”
But public health expert Emeritus Professor Simon Chapman from Sydney University said e-cigarettes could be a "benign or an evil genie", and "genies [were] notoriously difficult to put back in the bottle".
"This is why sane public health policy should treat e-cigarettes with utmost regulatory caution," he said.
"All but failed states do this routinely with new pharmaceuticals: strict regulation at first, followed – if warranted by relaxed regulation down the track."
Professor Mike Daube from Curtin University said the next step was to re-focus on tobacco reduction programs, "especially mass media campaigns and regulations that stop underhanded tobacco industry product promotion”.
Public Health Association of Australia said it supported all five recommendations, saying common sense had prevailed.
“Now we can get on with the evidence-based measures that we know will reduce smoking," its CEO Michael Moore said.
The Australian Medical Association (AMA) said there was a lack of evidence to show e-cigarettes was an effective cessation aid and to disprove that e-cigarettes led young people to take up smoking.
"We strongly support the assessment and research work of the TGA and the NHMRC," AMA president Michael Gannon said.Big tobacco speaks
As Labor MP Steve Georganas helped deliver the report to the House of Representatives, he remarked it was "appalling" that tobacco companies - who have heavily invested in e-cigarettes - were given the opportunity to influence policy.
"This alarmed some of the committee members and experts ... and should alarm the government," he said.
British American Tobacco told Fairfax Media that many politicians had been influenced by misinformation and had a propensity for overly cautious and punitive regulation.
"The Canadian and New Zealand governments have both recently acknowledged that public health evidence and international policy overwhelmingly favours making e-cigarettes available to smokers," it said.
Philip Morris said smokers should be given access to better alternatives to smoking as soon as possible.
"[We] look forward to an independent and comprehensive review in Australia of the evidence relating to the health impacts of e-cigarettes as recommended by the committee," its managing director Tammy Chan said.
Electronic Cigarettes Intl : The ARA Calling for Change Around Electronic Cigarettes
MELBOURNE, Australia, March 29 -- The Australian Retailers Association issued the following news release:
The Australian Retailers Association (ARA) notes the final report from the Standing Committee on Health, Aged Care and Sport regarding the Inquiry into the Use and Marketing of Electronic Cigarettes and Personal Vaporisers in Australia but still calls on the Government to legalise e-cigarettes.
Russell Zimmerman, Executive Director of the ARA, said the ARA's submission to the Inquiry called for retailers to be permitted to legally sell electronic cigarettes following substantial evidence of people wanting a less harmful product.
"To-date, research has shown that electronic cigarettes are an effective and less-harmful alternative to traditional tobacco products," Mr Zimmerman said.
"As e-cigarettes are currently only available on the black market or through personal importation, legalising the sale of e-cigarettes will assist the Government in removing the risk of unregulated and unsafe black market activity."
In its final report, the Inquiry recommended further research should take place before a decision to legalise the sale of e-cigarettes in Australia is made. While the Committee Chair, The Hon. Trent Zimmerman MP, and The Hon. Tim Wilson MP recommended that the devices be made legally available for sale, under the similar regulation as regular tobacco products.
The ARA welcomes the Inquiry's recommendations however, does not believe that electronic cigarettes should be subject to the same regulations as traditional tobacco products, as electronic cigarettes do not contain tobacco and are proven harm-reduction devices.
"We are calling on the Health Minister to accept the findings of the Inquiry and move swiftly to allow retailers to legally sell electronic cigarettes," Mr Zimmerman said.
"We also acknowledge crossbench support for legal consumption of e-cigarettes as the US and UK already provide these tobacco alternatives."
Mr Zimmerman said the current regulations around electronic cigarettes will continue to put small retailers and consumers in danger.
"We need to legalise these less-harmful alternatives otherwise consumers will seek out illegal tobacco products through the black market and put their health and safety at risk."
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