Electronic cigarette update…
Australian Broadcasting Corporation
Reporter: Conor Duffy
E-cigarettes are a medicine designed to reduce the harm of smoking according to documents 7.30 has obtained from a British American Tobacco company’s submission to the Therapeutic Goods Association, but health experts dispute that claim.
LEIGH SALES, PRESENTER: Big tobacco is trying to mount an aggressive campaign to promote electronic cigarettes in the Australian market, according to documents obtained by 7.30 under Freedom of Information laws. E-cigarettes are already part of a multibillion-dollar industry worldwide. They’re small, personal vaporisers that give you a nicotine hit without producing smoke. Tobacco companies are lobbying Australia’s Therapeutic Goods Administration to allow them to sell e-cigarettes at any corner store. They also want to roll out a major marketing campaign promoting the medicinal benefits of the product, a claim health experts say is duplicitous. Conor Duffy reports.
CONOR DUFFY, REPORTER: The post-work drinks at this Adelaide pub have seen a beer and a cigarette replaced with a beer and vapour, part of a trend that’s booming across Australia.
E-CIGARETTE USER: It’s definitely a social thing to be doing.
CONOR DUFFY: In this circle, e-cigarettes are all the rage. They work by heating nicotine-infused water and producing vapour. It gives the hit from smoking without many of the chemicals or carcinogens.
GRAHAM MILNE, VAPORAMA: I’m actually getting people every day thanking me, coming in, say, “Wow, it’s the best thing I’ve ever done.”
CONOR DUFFY: Anecdotally, there’s plenty of stories of people using vaping to quit smoking.
Graham Milne imports and sells e-cigarettes. The business is largely unregulated and legally contentious.
GRAHAM MILNE: They can’t stop it. It’s getting too big. It’s huge in America, huge in England, huge all over the world.
CONOR DUFFY: Overseas, it’s a multibillion-dollar industry, fuelled by millions of dollars of glamorous advertising. British American Tobacco, the company that ran these advertisements, hopes to do the same in Australia.
VYPE ADVERTISEMENT (male voiceover): Pure satisfaction for smokers. Vype e-cigarettes. Experience the breakthrough.
CONOR DUFFY: Documents released to 7.30 reveal British American Tobacco offshoot Nicoventures began its Australian push in November. It approached the Therapeutic Goods Administration, describing e-cigs as medicine. It wrote, “We have found these face-to-face meetings to be extremely productive … to fully explain our medicines based approach.”
What do you think of a company like British American Tobacco claiming it wants to sell medicines?
SIMON CHAPMAN, PUBLIC HEALTH, SYDNEY UNI.: Look, I think it’s Orwellian. That’s the only word I can think that’s apposite here. Down the corridor in BAT, you have a division who are spending all their days trying to work out how to gut, thwart and ruin any policy like plain packaging.
CONOR DUFFY: Nicoventures made it inside the TGA in December last year. Ahead of that meeting, it made another claim that it was motivated by protecting smokers’ health.
NICOVENTURES (male voiceover): “We are committed to bringing these products to market and so reducing the harm caused by smoking in the population.”
SIMON CHAPMAN: This is duplicity, it’s hypocrisy, it’s fork-tongued talk. It’s everything that we have come to expect from the tobacco industry over the last 40 or 50 years.
CONOR DUFFY: After decades of denying smoking killed, now big tobacco is claiming smoking is, “The single greatest cause of illness and preventable illness and early death … in most of the western world.” It also claimed to have the answer, saying e-cigarettes would mean smokers, “Begin their journey towards quitting or substitution of cigarettes with medicinal nicotine products.”
NICHOLAS TALLEY, ROYAL AUSTRALASIAN COLLEGE OF PHYSICIANS: There is no evidence, no convincing evidence that using e-cigarettes leads to people quitting. There’s not even convincing evidence it leads to people smoking less, although I guess that might be possible.
CONOR DUFFY: Professor and surgeon, Nicholas Tally, and the Royal College of Physicians have reached a very different conclusion.
NICHOLAS TALLEY: The worry is e-cigarettes often look like, smoke like, cigarettes, and the real concern is young people will start such a habit, nicotine’s highly addictive, and then they’ll move on to cigarettes proper.
E-CIGARETTE ADVERTISEMENT (female voiceover): It’s time. Put out the smoke and pick up the style. Slim, sleek, sparkling. Break free from the pack.
CONOR DUFFY: In the US and Europe, advertisements for e-cigarettes certainly seem to focus on style and glamour rather than health.
E-CIGARETTE ADVERTISEMENT (female voiceover): Co-ordinating colours straight off the runway. Eye-catching accessories.
CONOR DUFFY: British American Tobacco is pushing the TGA to allow it to plug its product as it does overseas. Internal TGA emails summarising British American Tobacco’s pitch show the company’s representative said, “Light touch regulation is the key: require commercial freedoms (able to advertise and have general sale).”
SIMON CHAPMAN: Well if you go over to the United States and turn on a television, you will see advertising for e-cigarettes, sports sponsorship by e-cigarettes, cultural rock concerts, everything such that we have not seen in this country for maybe 30 years.
CONOR DUFFY: As e-cigarettes continue to grow, most health experts believe the TGA will approve big tobacco’s looming application. The TGA will then have to set rules on where they can be sold and how they can be advertised.
NICHOLAS TALLEY: If e-cigarettes are not properly regulated, they will lead to young people, lots of young people, taking up the habit. It’ll seem to be cool. I’m sure this will happen. And that is not a good thing. It’s quite likely, in my view, many of these young people will then transition to cigarettes themselves.
CONOR DUFFY: Conor Duffy with that report. Nicoventures declined to be interviewed. You can read its statement:
Statement from Nicoventures for 7.30
Nicoventures has met with the Therapeutic Goods Administration about the possible introduction of a new smoking cessation device in Australia.
It is anticipated that Nicoventures will be making a formal application to the TGA in the near future.
We expect to be able to provide more details to the public once the application is lodged.
E-cigarettes and similar devices should be manufactured to the highest quality standards and marketed responsibly to ensure only the safest possible products are sold in Australia. This is currently not the situation.
The TGA has the capability to appropriately regulate the manufacture and sale of e-cigarettes and similar products.
E-Cigs Ruled Illegal In Australia
April 11, 2014
by Dick Puddlecote
Those Aussies sure do have a funny interpretation of the word ‘health’.
From Aussie Vapers:
After [HeavenlyVapours.com] had been running for almost a year and was doing very well (rating on the first page of Google results etc) we suddenly got raided by the Health Department. They arrived at my house in 3 black SUV’s and proceeded to execute a search warrant. They searched through my house and proceeded to load all of the hardware I had into several black garbage bags. The search and seizure went on for about an hour and half before they decided they had found and taken enough. They also took photos etc. The whole process was pretty invasive and surreal. They alleged at the time that I and my company had breached section 106a of the Tobacco Products Control Act 2006.
A long process ensued which resulted in the company being acquitted in October 2013.
This made the professional bansturbators of Western Australia mighty mad. They simply cannot contemplate the existence of anything that even resembles a cigarette and fully believed they had just the law to prohibit the devices.
Court defeat fuels move to ban e-cigs
Yep, that’s correct. Defeat just made them more determined to try harder next time.
Cancer Council WA director of education and research Terry Slevin said it was a legal loophole that needed to be fixed because electronic cigarettes were a growing concern.
Mr Slevin said the Tobacco Products Control Act was due for a review and could help ban e-cigarettes as well as address issues such as the need to reduce the number of licensed tobacco retailers.
“This incident of a failed attempt to prosecute points to the fact that the current provisions are not adequate,” he said.
As a result, the WA “Health” Department (inverted commas because, as you know, it’s nothing to do with health) sprang into action once again (emphases mine).
The Health Department or more particularly Bruce Hawkings of the health department a few weeks later lodged an appeal to the Supreme Court.
We appeared in the Supreme Court and we and the prosecution made our various arguments. The Judge J Pritchard adjourned the matter for deliberation. Yesterday on the 10 of April 2014 we were summoned to receive the judgement.
Judge Pritchard found in favour of the Health Department and in her decision expanded her conclusion to determine that in effect any product E-Cig or otherwise that involves a hand to mouth action and results in the expulsion of vapour does in fact resemble a tobacco product and [therefore] falls under section 106a of the Tobacco Products Control Act of 2006.
What does this mean? Well in short it means any model of E-Cig irrespective of its design is now illegal by case law precedent to be sold from within WA. One can only imagine that the other states may now try to follow suit.
And so, by way of judicial precedent, e-cigs are now ruled illegal in Australia.
This is a perfect example of the irrational, and borderline insane, mentality of a tobacco control industry drunk on power and aided by pathetically weak will of idiot politicians. Precisely the same conditions which led the US into prohibition of alcohol nearly a century ago – the damaging reverberations of which are still in evidence today – with precisely the same type of psychotic individuals running amok to the murderous detriment of the public at large.
Anyone who claims to call themselves part of the ‘public health’ community in Australia should be feeling deeply ashamed of themselves today. But I expect they’ll be celebrating instead.
There’s a very special place in Hell reserved for each and every one of them.
Electric cigarette beats pub smoking ban
By Kate Sikora
THE term “lighting up” a smoke could take on a whole new meaning with the development of an electronic cigarette.
The latest craze in the UK, the battery-powered cigarette may be the answer to indoor smoking bans.
Smokers still get their nicotine kick through an atomiser, which creates puffs of vapour to resemble cigarette smoke.
Yet to hit Australian shelves, the e-cigarette can be bought over the internet and is widely available throughout Europe.
Chinese exporter Ruyan claims it is not only a nicotine replacement – it is a smoking alternative.
“The e-cigarette is a hi-tech product developed by Ruyan to provide smokers with a clean alternative to smoking,” the company’s website says.
“It has no tar, no carbon monoxide and no cancer-causing chemicals.”
The cigarette can last up to 350 drags – the equivalent of 30 smokes – and lights up red at the tip.
It comes in varying strengths – from 16mg to 0mg – for smokers trying to kick the habit.
But the device isn’t cheap – a starter pack costs $358.
NSW Health has confirmed smokers could use the device inside pubs and clubs as it technically does not breach the indoor smoking ban.
“The Smoke Free Environment Act 2000 deals with products capable of being ignited and smoked in the traditional sense. As such, use of this product is unlikely to be in breach of the Act,” a spokeswoman said.
The company plans to market the e-cigarette it in Australia.
Social smoker Kusum Normoyle, 23, road tested the pseudo cigarette yesterday but was unconvinced it would take off.
“I don’t think too many smokers would use it – it’s fairly awkward and heavy,” she said.
“Then again, smokers who are really looking to cut down might, because a lot of people smoke because they like to hold a cigarette.”
The Therapeutic Goods Association – which licenses medicinal products – has not received an application to sell e-cigarettes in Australia.
“The TGA is aware of the existence of these products,” a spokesman said.?