Vaping Vs Smoking: Are Vaping Laws Different?

Smoking laws in Queensland, Australia, have been strengthened to include vaping and electronic cigarettes. Under the Tobacco and Other Smoking Products Act 1998, vaping products are considered smoking products and are subject to the same laws as tobacco or cigarettes. This means that vaping is banned in existing no-smoking indoor and outdoor spaces, and vaping products cannot be sold to children under 18, advertised, or provided for sale in a vending machine. These laws aim to reduce exposure to smoking products and second-hand smoke, support smokers in quitting, and discourage people from taking up smoking. As of October 2021, nicotine vaping products can no longer be purchased from overseas websites without a valid doctor's prescription, and they cannot be sold in Australia without a prescription.

Vaping laws in Queensland

Vaping products, or vapes, are considered smoking products under Queensland law. This means that they are subject to the same laws as cigarettes or tobacco products.

In Queensland, vaping products and electronic cigarette products containing nicotine are illegal unless on prescription and supplied by a pharmacist or through Therapeutic Goods Administration (TGA) processes.

Vaping products are also subject to the Tobacco and Other Smoking Products Act 1998 (the Act). This means that they cannot be:

• Used in no-smoking indoor and outdoor places
• Sold to children under 18 years of age
• Advertised, promoted, or displayed at retail outlets
• Provided for sale in a vending machine

Queensland's smoking laws aim to improve health by reducing exposure to tobacco and other smoking products, supporting smokers to quit, and discouraging people from taking up the habit.

State-wide smoking bans are in place across Queensland in a number of outdoor public areas, eating and drinking venues, and education, healthcare, and residential aged care facilities, as well as some communal areas in multi-unit residential premises.

Local governments can also ban smoking in outdoor public spaces not covered by state-wide smoking bans.

Vaping in smoke-free public places

In Queensland, Australia, vaping and smoking laws are largely aligned. Under the Tobacco and Other Smoking Products Act 1998, electronic cigarettes and related products are classified as smoking products and are therefore subject to the same laws as tobacco or cigarettes.

This means that vaping is prohibited in existing smoke-free indoor and outdoor places in Queensland. These restrictions include a ban on vaping:

• In any indoor eating or drinking venues, such as pubs, clubs, restaurants, and cafes.
• Within 5 metres of commercial outdoor eating or drinking areas.
• In public hospitals, health facilities, and residential aged care facilities, as well as within 5 metres beyond their boundaries.
• In educational facilities, including public or private schools, early childhood education and care facilities, and within 5 metres beyond their boundaries.
• In enclosed common areas of multi-unit residential buildings, such as foyers and enclosed stairwells.
• At outdoor markets and within 5 metres of the entrances and exits.
• At and within 5 metres of public transport waiting points, such as bus stops, taxi ranks, and ferry terminals.
• At and within 10 metres of playing and viewing areas during organised under-18 sporting and recreational events.
• Within 5 metres of non-residential building entrances.
• At outdoor pedestrian malls.
• At government precincts around certain state government buildings and adjacent footpaths.
• At and within 10 metres of public skate parks and children's outdoor playground equipment.
• At patrolled beaches between the flags.
• In vehicles where children under the age of 16 are present or when the vehicle is being used for business and someone else is in the vehicle.

It is important to note that local governments in Queensland can also implement additional bans on vaping and smoking in outdoor public spaces that are not covered by the statewide smoking bans.

Vaping products that contain nicotine

In Queensland, Australia, vaping products that contain nicotine are illegal unless they are prescribed and supplied by a pharmacist or through Therapeutic Goods Administration (TGA) processes. This means that vaping products containing nicotine are subject to the same laws as tobacco or cigarettes.

The use of vaping products, including those that contain nicotine, is banned in several places across Queensland, including outdoor public areas, eating and drinking venues, educational facilities, healthcare facilities, and residential aged care facilities, as well as some communal areas in multi-unit residential premises.

Selling vaping products to minors

In Queensland, Australia, vaping products are subject to the same laws as tobacco or cigarettes under the Tobacco and Other Smoking Products Act 1998. This means that vaping products cannot be sold to anyone under the age of 18. Similar laws exist in the United States, where the minimum age to purchase tobacco and vaping products is 21.

Despite these laws, there have been numerous cases of retailers selling vaping products to minors. In Arizona, for example, hundreds of stores were caught selling vape products to minors, with some retailers being repeat offenders. Undercover investigations by the Arizona Attorney General's Office found that many stores were failing to verify the age of buyers, contributing to a surge in teen vaping.

To address this issue, the Food and Drug Administration (FDA) in the United States conducts random unannounced inspections of retailers to ensure compliance with laws prohibiting the sale of tobacco and vaping products to minors. The FDA also monitors compliance through surveillance, inspections, and investigations of public complaints about potential retailer violations. Most retailer inspection violations observed by the FDA involve sales to individuals under the age of 21.

In Queensland, selling vaping products to minors can result in citations for both the clerk and store owner, with fines of $300 that can be waived if the recipient attends a diversion class. However, there have been calls for stricter penalties, including the possibility of jail time for repeat offenders, to deter retailers from selling vaping products to minors.

Vaping product advertising

In Queensland, Australia, vaping products are considered smoking products and are subject to the same laws as tobacco and cigarettes. This means that vaping products cannot be advertised, promoted, or displayed at retail outlets.

Despite this, vaping companies have been known to use creative marketing tactics to promote their products. Here are some of the strategies they employ:

• Offering scholarships: Vaping companies offer scholarships to students, asking them to write essays on topics like the potential benefits of vaping. While some scholarships are limited to students aged 18 and older, many are open to younger teens or have no age limit.
• Social media presence: Vaping brands, like JUUL, have relied heavily on social media platforms like Twitter, Instagram, and YouTube to market their products. They associate their brand with being cool, fun, relaxing, freedom, and sex appeal.
• Sponsoring events: Vaping companies sponsor music festivals and events, which is a marketing tactic that is banned for cigarette and smokeless tobacco companies.
• Appealing flavors: Vaping companies offer kid-friendly flavors, such as cotton candy and gummy bear, and package their products to look like common food items. Youth e-cigarette users often cite flavors as a main reason for using these products.
• Corporate sponsorships: Vaping companies use corporate sponsorships, such as auto racing, to showcase their brands and increase their visibility.
• False health claims: Vaping companies falsely advertise their products as less harmful, encouraging people to try them.
• Discounts and coupons: The industry uses discounts and coupons to attract new customers, especially targeting youth through social media.
• Discrete designs: E-cigarettes that resemble flash drives or everyday items like children's toys make it difficult for teachers and parents to notice, allowing youth to use them discreetly.

Frequently asked questions