The Vaping Black Market: Why Victoria’s New Laws Might Be Missing the Mark
The Victorian government is tightening the screws on illicit tobacco, introducing legislation that would empower authorities to shut down shops caught selling illegal products for 90 days. But there is a glaring hole in this strategy: the law fails to specifically target the rampant illegal vape trade, leaving public health experts and advocates sounding the alarm.
While the crackdown on tobacco is a necessary step, the reality on the ground is that illicit vapes and tobacco are often sold side-by-side. By failing to bridge this legislative gap, Victoria risks leaving the door wide open for a black market that continues to fuel nicotine addiction among the state’s youth.
Since federal vaping law reforms began in early 2024, the Australian Border Force has seized approximately 19.4 million illegal vaping products, with an estimated street value exceeding $1 billion.
The Enforcement Gap: A State Failing to Keep Pace
Public health experts, including those from the University of Melbourne, argue that the current approach is disjointed. While the federal Therapeutic Goods Administration (TGA) regulates the import and sale of vapes, the burden of retail enforcement falls heavily on the states. In Victoria, the workforce tasked with inspecting stores is significantly smaller than in other jurisdictions like Queensland, which has deployed over 200 officers to combat the trade.
“We are seeing a disconnect between policy and reality,” says one public health observer. “Legislation that ignores the reality of how these products are sold—often in the same convenience stores as illicit tobacco—is destined to struggle.”
Why “Health Warnings” Are Not Enough
The days of relying solely on public awareness campaigns are fading. While organizations like Quit are working hard to highlight the dangers—including recent research from the University of New South Wales linking nicotine vapes to lung and oral cancers—younger demographics remain at high risk. The addictive nature of these products means that education must be paired with aggressive, coordinated regulation.
Future Trends: What to Expect in the Regulatory Landscape
As the black market adapts to enforcement, we are likely to see a shift in how illegal products are distributed. Expect the following trends in the coming months:
- Increased Multi-Agency Operations: Expect more coordinated “blitzes” involving local police, state health authorities and federal agencies to bypass jurisdictional loopholes.
- Enhanced Licensing Requirements: Advocacy groups are pushing for stricter tobacco licensing that automatically covers vaping products, closing the current loophole.
- Digital Surveillance: Authorities are likely to use more sophisticated monitoring to track the online sale and distribution of illicit vaping devices.
Frequently Asked Questions
- Are vapes legal in Victoria?
- Vaping products containing nicotine can only be legally obtained through a pharmacy with a prescription, where pharmacists provide guidance on cessation.
- Why are illegal vapes still so common?
- Despite strict laws, a large black market persists due to high demand and the relative ease with which retailers can source illicit products from overseas.
- How can I report a store selling illegal vapes?
- Reporting can generally be done through your state’s health department or local council, though specific procedures vary by region.
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