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The Guardian - AU
The Guardian - AU
National
Melissa Davey and Natasha May

‘No intention of stopping’: New Zealand online vape seller vows to ignore Australia’s new import ban

Health minister Mark Butler vaping presser
Health minister Mark Butler says some vaping and tobacco companies will try ‘every trick in the book to get around our world-leading vaping reforms’. Photograph: Lukas Coch/AAP

A New Zealand online vape seller is taunting the Albanese government over its vaping reforms, telling customers “we have no intention of stopping” vape shipments because of “one twat in Canberra”, presumably in reference to the federal health minister, Mark Butler.

From Friday, importation of vapes to Australia is banned unless an importer has a licence and permit. Prescription vape importers and manufacturers also need to notify the Therapeutic Goods Administration (TGA) of their product’s compliance with standards.

A notice to Australian customers posted on the website www.vapoureyes.co.nz, which does not have a permit, states: “If you don’t get your order in before the deadline, understand this: we have no intention of stopping just because [of] one twat in Canberra.

“Even once the March 1 deadline passes, we will continue shipping orders world-wide, including to Australia.”

The seller claims that “after getting solid legal advice, it’s clear that Australia’s new rules don’t apply to us here in New Zealand”.

“If the Australian Border Force (ABF) want to waste their time attempting to stop you from staying off the darts instead of trying to catch heroin, cocaine, ice, and the dozens of other hard drugs pouring through the Australian border … Good luck to them.”

But a Department of Health spokesperson said the importation prohibition applies regardless of the country of origin.

“This includes New Zealand,” they said.

“The ABF and TGA are working closely together to stop illegal vapes from entering the country and are taking escalated enforcement action as appropriate, such as issuing infringement notices or taking court action.

“The TGA is also taking action against websites based overseas that are advertising to Australians.”

Butler told Guardian Australia that while some vaping and tobacco companies would try “every trick in the book to get around our world-leading vaping reforms”, the TGA had since 1 January seized more than 360,000 vapes, worth almost $11m. This is about three times as many than were seized in 2023, he said.

“I’ve wanted to be really honest with people that we’re not going to be able to stop every single vape coming into the country, in the same way we’re not stopping every bit of cocaine or other illicit drug,” Butler said.

“But what we’re dealing with here is a situation where these things have been flooding in and being sold to kids through vape stores – nine out of 10 which have been established within walking distance of schools. That’s no accident, they’re doing that because that is their target market. So, what we’ve really got to do is just choke off that supply.”

The government will introduce legislation in coming weeks to prevent domestic manufacture, advertisement, supply and commercial possession of non-therapeutic and disposable single-use vapes. If passed, this would see bricks and mortar vape stores shut down.

Prof Becky Freeman, a tobacco control expert at the University of Sydney, said Australia should be prepared for similar responses from other sellers.

She added that vape sellers seemed to change their messaging to suit their agenda.

“They, on one hand, like to continuously remind us how they follow the letter of the law, that they’re responsible, that they intend to do the right thing and on the side of good helping people to quit – and then they don’t respect the laws of the countries that they want to sell their products in.”

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