Page 1120 - Week 04 - Tuesday, 5 April 2016
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One thing is clear: the substance produced by personal vaporisers is not just water vapour, as often claimed. There is evidence to suggest that personal vaporisers can expose users and bystanders to hazardous chemicals and particulate matter. Until the long-term effects are known, the ACT government has a responsibility to the public to minimise exposure to potential harmful product. There is also a general concern that personal vaporiser usage has the potential to undermine global tobacco control efforts.
Consumer perceptions of the risks and benefits of personal vaporisers have been heavily influenced by the marketing of the products. The journal of the American Heart Association recently published a review of personal vaporiser websites and found that 95 per cent claimed the vaporisers were healthy alternatives to cigarettes. Three-quarters of the websites also advertised that they can be used to circumvent antismoking policies and claimed that no second-hand smoke is produced.
Health claims are often made by manufacturers of personal vaporisers, frequently through representations by medical professionals in advertising. Many sources claim that personal vaporisers provide a pathway for tobacco reduction. However, there is little independent evidence in favour of this, with several studies showing that smokers simply become dual users of personal vaporisers as well as cigarettes.
This bill aims to use the existing legislative framework to regulate the sale and promotion of personal vaporisers in the same way as tobacco. This would restrict in-store and point-of-sale advertising and marketing. Similar to tobacco, this bill will also prohibit supply to children under 18 years of age. It is envisaged that the legislation will inhibit the youth initiation of personal vaporisers and potentially tobacco.
Currently in the ACT it is illegal to sell personal vaporisers containing nicotine under the Medicines, Poisons and Therapeutic Goods Act 2008. However, in a recent community consultation on e-cigarettes, 43 per cent of product users reported that personal vaporisers contained nicotine. It is concerning that personal vaporisers are marketed in a wide variety of flavours, making them particularly appealing to young people. There is preliminary evidence that personal vaporisers can act as a gateway for nicotine addiction in children and adolescents. For this reason it is imperative that we minimise exposure and accessibility, especially to children and young people.
The act of using a personal vaporiser, or vaping, is seen by some as a more socially acceptable way of smoking in public, and vaping is currently not prohibited in smoke-free areas. This bill amends the Smoke-Free Public Places Act 2003 and the Smoke in Cars with Children (Prohibition) Act 2011 to capture personal vaporisers and ban their use in current smoke-free areas. In doing this we are protecting the public, especially children and adolescents, from potential exposure to toxins whilst maintaining efforts to denormalise tobacco use.
Current adult users of personal vaporisers will have continued access to the devices. This bill does not ban personal vaporisers or impose on an adult’s right to use these products outside legislated smoke-free areas. Instead it allows continued access while minimising potential harm.
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