Vape Stores Persist in Australia Despite Impending Ban

On December 3, The Guardian Australia published an article titled "‘No sympathy’: why are vape stores still opening across Australia six months before ban comes into force?" The report sheds light on the current state of the e-cigarette market in Australia. Despite a significant number of illegal e-cigarette transactions in the country, the article highlights that there has been a surge in the opening of e-cigarette stores just months before the impending ban on e-cigarettes is due to take effect.

However, it is anticipated that e-cigarette shops in Australia will face closure or have to switch to selling other products next year, as an import ban is set to come into effect in early 2024. Furthermore, regulations will be introduced to restrict domestic manufacturing, advertising, supply, and sales of non-therapeutic and disposable single-use e-cigarettes.

Below is the translation of the full article: A recent report suggests that the current economic situation is taking a toll on small businesses. The report indicates that many small businesses are struggling to survive amidst the ongoing economic downturn. Factors such as decreasing consumer spending, increased competition, and rising operating costs are posing significant challenges for these businesses. According to the report, one of the main issues faced by small businesses is the decline in consumer spending. With consumers cutting back on non-essential purchases, small businesses are facing a significant decrease in sales. This decrease in revenue has led to cash flow problems and difficulties in meeting financial obligations. Furthermore, small businesses are finding it increasingly difficult to compete against larger corporations. These larger companies have the advantage of scale, which allows them to offer lower prices and attract more customers. Small businesses, on the other hand, are struggling to keep up with the price wars and are finding it hard to retain their customer base. Another contributing factor to the challenges faced by small businesses is the rising operating costs. Rent, utilities, and raw material prices have been steadily increasing, making it more expensive for small businesses to operate. Moreover, the current inflation rates have negatively impacted these businesses, further adding to their financial burden. The report emphasizes the importance of government support for small businesses during these challenging times. It suggests that policymakers should provide financial assistance and create favorable conditions for these businesses to thrive. By implementing measures such as tax breaks, low-interest loans, and simplified regulations, governments can help alleviate the difficulties faced by small businesses and contribute to their sustainability. In conclusion, the report highlights the struggles faced by small businesses in the current economic climate. It underscores the need for government intervention to support these businesses and ensure their survival. With the right policies in place, small businesses can overcome the challenges they currently face and continue to make a valuable contribution to the economy.

In the past four years, David has lodged complaints with his local municipal government, police, the Australian Taxation Office, as well as federal and state politicians, regarding an illegal cigarette and e-cigarette shop across from his home.

With a sign that reads "Cash only," e-cigarettes can be seen on the shelves through the shop window. Frequently, individuals can be observed leaving the store with conspicuously visible packages of illicit cigarettes in hand. David claims that even the local police acknowledge the presence of illegal transactions.

He said this is one of the busiest shops in the small town of Gipsland, Victoria, located east of Melbourne. He expresses anger, stating that he pays taxes every year. However, this particular shop manages to evade taxes, not to mention the addictive substances surrounding it (e-cigarettes and tobacco). But the police claim to be powerless, stating that it is a federal matter, while the municipal government says it is the responsibility of the police. Regardless of whom he complains to, his grievances are dismissed.

David, who declined to reveal his full name, expressed concerns about being associated with the tobacco industry rivalry. Additionally, he mentioned that "many locals may resent me for fighting against it, as this is an impoverished area heavily reliant on these affordable shops to satisfy their addiction.

He believes that the lack of enforcement action and high profits are the main reasons why e-cigarette shops continue to operate, and these shops still stand strong in the face of significant reforms first proposed in November 2022, a year ago.

Next year, e-cigarette stores will be required to either shut down or sell other merchandise. An import ban is set to be implemented in early 2024, along with regulations to prevent the domestic manufacturing, advertising, supply, and sale of non-therapeutic and disposable single-use e-cigarettes.

Despite this, since the reforms were first announced, thousands of such stores have been established across Australia, with many shops even being located opposite schools. The community opposition has not been able to deter them.

The substantial profits of these stores mean that any fines for selling to minors, or selling nicotine-containing non-nicotine e-cigarettes, are merely minor punishments," David said.

Their game is nearing its end, yet they will still profit, albeit by concealing all their assets and money. When it comes time to shut down, they will depart with their wealth.

According to media reports, in July 2022, several e-cigarette shop owners in Queensland were arrested during a police raid, and illegal cigarettes and thousands of nicotine e-cigarettes were confiscated. However, it appears that this case has not stopped the operation and sale of illegal products in his shops.

The boss appeared before the Supreme Court of New South Wales again in March 2023, where it was found that there were "reasonable grounds" to believe that the New South Wales Crime Commission suspected his involvement in "criminal-related activities" related to the same store.

The verdict details how the owner was found carrying AUD 530,000 in cash in his vehicle in the beginning of that month in New South Wales. The New South Wales Crime Commission was authorized to seize the cash from the bank accounts associated with his two e-cigarette stores.

During the period from April 1, 2022, to September 30, 2023, the New South Wales Health Department confiscated over 485,000 e-cigarettes and e-cigarette liquids, with an estimated market value exceeding AUD 15.5 million.

Dr. Kerry Chant, the Chief Health Officer of New South Wales, explained to The Guardian Australia in November 2022 that despite the upcoming reforms, stores continue to operate and thrive. When asked why she believes this to be the case, Dr. Chant said, "Clearly, there is some profitability in this situation.

While she believes that the law enforcement work in the state is making an impact, she acknowledges the urgent need for the implementation of federal reforms in 2024 in order to truly make an impact on trade.

The supply is so vast...our compliance officers can only accomplish a fraction of the tasks.

According to the forthcoming reforms, therapeutic e-cigarettes used to assist in smoking cessation will remain available to patients, with prescriptions being available through pharmacies.

The products supplied by pharmacies will now need to adhere to stricter quality standards, have a limited variety of flavors, be packaged like pharmaceutical drugs, and any importer will be required to hold a license issued by the Office of Drug Control.

Richard Li is the CEO of Liber Pharmaceuticals, a company that supplies nicotine e-cigarette products to retail pharmacy networks. He believes that government reforms will curb illicit trading.

So far, the limited enforcement power has resulted in a massive profit from the illegal sale of disposable e-cigarettes, leading to an explosion in the black market with little punishment, only fines imposed on a few individuals who are prosecuted," said Li.

Therefore, we have witnessed firsthand the emergence of what can be described as hundreds of e-cigarette stores popping up like mushrooms in both urban and rural areas. These stores follow the same business model, carry virtually identical inventory, and completely disregard the law.

A recent series of arson attacks on tobacco shops in the states of Victoria and Queensland suggests that organized crime has now firmly embedded itself in the illegal e-cigarette supply chain, running in parallel with illegal tobacco, according to him.

The government's enforcement notice is timely... and aims to break the illegal supply chains that have taken root on the streets of Australia in recent years," he said.

David Inall, CEO of the Independent Retailers Association of Australia, has stated that the association "will ensure that the new law is fully understood, as all retailers must comply with it.

He stated that any individuals or entities that fail to comply with the regulations should be dealt with by the relevant law enforcement agencies.

Professor Terry Slevin, CEO of the Public Health Association of Australia, shows no sympathy towards the thousands of small retailers who have had to close their stores or reduce their e-cigarette inventory following the implementation of reforms.

He stated that many stores are selling "non-nicotine" e-cigarettes that actually contain significant amounts of addictive substances, and knowingly selling them to children in violation of current regulations.

Sullivan believes that the tobacco and e-cigarette industry is financing certain retailers in the hope of exerting pressure on the government. By selling these products and relying on them to sustain their businesses, they can argue that these reforms will be detrimental to small enterprises.

I believe that many of these stores are part of a political strategy. If they are forced to shut down due to their dependence on e-cigarette sales for profit, then it is a price they have to pay.

A competent business operator will understand and manage risks, and since the inception of this administration, these reforms have been in the works.

He stated, "If you open an e-cigarette store in 2023 and expect to profit from selling e-cigarettes for years despite these explicit government reforms, then that is a wager I hope you fail."