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Australian Law Protects Big Tobacco

Demands are being made to make nicotine base legal and that the Australian law only protects tobacco companies.

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Forty leading Australian and International experts, academics and researchers have written to the Therapeutics Goods Administration, calling for an amendment to the Poisons Standard, saying “nicotine for vaping should be legalised in Australia to reduce smoking-related disease”. A report on Sky News goes so far as to say the current legislation only works to protect Big Tobacco.

Colin Mendelsohn is an Associate Professor in the School of Public Health and Community Medicine at the University of New South Wales. He is widely known for being an advocate of evidence-based policy and a leading expert in tobacco harm reduction.

In his press release, he states: “In Australia, it is illegal to sell, buy, possess or use nicotine other than in tobacco or nicotine replacement products, as nicotine is classified in the Poisons Standard as a Schedule 7 ‘dangerous poison’. The consumer advocacy group, New Nicotine Alliance has submitted an application to exempt low concentrations of nicotine for use in electronic cigarettes as a safer alternative to smoking.”

Mendelsohn, in his position as lead signatory, heads up a list that is like a veritable who’s who of enlightened ecig advocates. It includes Professors John Britton, Jean-François Etter, Linda Bauld, Peter Hajek and doctors Konstantinos and Jacques Le Houezec.

John Britton said: “Nicotine itself is not a significant cause of disease and death. Allowing smokers easier access to nicotine products without the toxins in tobacco smoke could ultimately save millions of lives. Lifting the effective ban on low-risk nicotine products will allow Australian smokers to realise the health benefits this approach has already generated in Europe and the United States. I fully endorse this proposal.”

Ann McNeill added: “I just don’t understand the logic of having nicotine in the deadly form of tobacco cigarettes widely available, while nicotine in the much safer form of e-cigarettes is outlawed by the Poison Standard. The current situation in Australia protects the cigarette business, encourages smoking and increases the risk of disease.”

Sky reported the letter as slamming current Australian policy as being “unethical” and “discriminatory to allow the sale of nicotine in tobacco while banning a 'much lower-risk' alternative.” It reports the group’s claim that there's “no credible evidence to suggest e-cigarettes undermine tobacco control, reduce quit rates or encourage young people to take up smoking.”

At the same time, the authorities are pushing ahead with taking online e-cigarette retailers to court. A Federal Court action is proceeding against The Joystick Company, where it is claimed the product contains formaldehyde, acetaldehyde, and acrolein. Apparently, this results from the company failing to pay previous fines for “false or misleading representations”.

Dave Cross avatar

Dave Cross

Journalist at POTV
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Dave is a freelance writer; with articles on music, motorbikes, football, pop-science, vaping and tobacco harm reduction in Sounds, Melody Maker, UBG, AWoL, Bike, When Saturday Comes, Vape News Magazine, and syndicated across the Johnston Press group. He was published in an anthology of “Greatest Football Writing”, but still believes this was a mistake. Dave contributes sketches to comedy shows and used to co-host a radio sketch show. He’s worked with numerous vape companies to develop content for their websites.

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