E-Cigarettes and the Law
E‑Cigarettes and the Law
Since April 2024, a range of reforms have come into force, restricting the sale of vape products and prohibiting the possession, sale and advertising of non-therapeutic vape products in Australia. This page outlines the changes to e-cigarettes and the law and the reasons for the reforms.
Legislation
The Public Health (Tobacco and Other Products) Act 2023 (Cth) came into full effect on 1 April 2024, replacing previous advertising and plain packaging laws and extending those bans to e‑cigarettes and vaping products.
The Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 came into force on 1 July 2024, prohibiting the importation, manufacture, supply, possession, and advertisement of non‑therapeutic and disposable vapes, regardless of nicotine content.
Pharmacy‑only sales
Since 1 July 2024, all vape products—nicotine or not—have been restricted to sale only through pharmacies. Retailers like convenience stores and vape shops can no longer legally sell vapes.
Since 1 October 2024, nicotine vaping products with up to 20 mg/mL may be sold without a medical prescription to adults where state and territory laws permit. Customers must consult a pharmacist, show ID, and purchases are limited to one month’s supply.
Prescription-only sales
Sales of vape products with more than 20mg/mL nicotine and sales of vapes to users under 18 may only occur with a valid prescription.
In Tasmania and in Western Australia, a prescription is required to purchase any vape products even where the user is an adult.
Flavour, packaging and labelling restrictions
Therapeutic vape products are now required to adhere to strict rules. The product must:
- be mint, menthol, or tobacco flavour
- have plain pharmaceutical-style packaging
- contain a maximum of 20 mg/mL of nicotine if sold over-the-counter
- be designed and labelled according to enhanced TGA standards published in October 2024—covering ingredients, safety testing, battery standards, and consumer information.
Enforcement, compliance and black-market concerns
Between January 2024 and May 2025, the TGA coordinated 28 joint enforcement operations, issued 78 infringement notices (amounting to over $1.3 million in penalties), removed thousands of unlawful ads and websites, and collected around 900,000 unlawful products under a Surrender Scheme.
Despite this, a recent report revealed only about 700 pharmacies regularly sold vapes legally, averaging fewer than seven legal vape sales per month per pharmacy since October 2024.
Meanwhile, it has been reported that black‑market vape sales number in the millions per month.
Summary
The sale of e-cigarettes in Australia is now controlled in the same way as other therapeutic goods, rather than in the way of consumer products. Vapes are now only legally available in pharmacies, and many require a prescription.
While adults may purchase low nicotine vapes without a prescription, minors may purchase them only with a medical prescription. There are now also strict controls on how e-cigarette products must be packaged and flavoured.
However, the consumption of e-cigarettes purchased illegally remains widespread and is difficult to police.
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