More than 4,500 illegal vapes have been taken off the streets and 12 Adelaide businesses slapped with fines during a targeted crackdown on illegal nicotine sales.
During the eight-week blitz:
*207 inspections were carried out across 180 individual businesses in metropolitan and outer Adelaide
*15 were found to be selling illegal nicotine vapes including six retailers in the Adelaide CBD
*12 businesses were fined including nine for a breach of licence conditions through the sale, supply or possession of nicotine vapes ($500) and three for the sale of e-cigarettes while unlicensed ($1,000), which were also found to contain nicotine
*One formal caution was issued and a final determination is yet to be made on two businesses, including whether to take further legal action such as prosecution or licence removal
A total of 4,907 vapes were seized. All were tested, with the vast majority – 4,536 vapes – found to contain nicotine, worth an estimated street value of more than $113,000.
One business alone was caught with 2,013 illegal vapes. This retailer was unlicensed and discovered after a tip-off from the public.
Some brands of seized vapes were found to contain alarming levels of nicotine posing a serious public health concern. This included one brand which had the equivalent of at least three cigarette packs of nicotine in one vape.
SA Health Authorised Officers also discovered some retailers attempting to conceal illicit products, including one business trying to hide nicotine vapes in empty pizza boxes near their service area.
A number of businesses surrendered vapes, including one which was shaped like a drink cup with the straw acting as the mouthpiece and clearly targeted towards children. This novelty vape was given to the business as a sample likely to encourage the business to order more.
The official eight-week operation started on 10 July and came to an end on Friday 1 September however additional time was required to finalise testing and determine further enforcement action.
The businesses inspected included convenience stores, service stations, supermarkets, tobacconists, and vaping specialty stores.
SA Health officials conducted follow-up inspections on 13 of the non-compliant businesses and all except one had modified their behaviour with no nicotine vaping products found on their premises.
Inspection data also suggests that one supplier may be responsible for providing nicotine vaping products to five out of the 15 retailers caught doing the wrong thing. As this supplier is located interstate, SA Health will be forwarding this information to relevant government agencies for their review and investigation.
The blitz coincided with tough new licence conditions that make clear that selling nicotine e-cigarettes is illegal.
The stringent conditions require retailers to show proof that vaping products being sold are nicotine-free and provide information about their e-cigarette suppliers, importers or manufacturers, so the products can be traced.
Licence holders are reminded that failure to comply with the Tobacco and E-Cigarette Products Act 1997 may results in expiations and SA Health may commence prosecutions and/or revoke licences for serious or continuous non-compliances.
The new conditions are an interim measure, while the Federal Government works through its plans to stop the importation of non-prescription e-cigarettes and the banning of vapes in retail settings and single-use disposable vapes.
On 7 September, the SA Governor issued a proclamation formally exempting Authorised Officers from the Confidentiality provisions in the Tobacco and E-Cigarette Products Act 1997. This exemption now allows SA Health to readily share inspection findings with other government agencies such as the Therapeutic Goods Administration, Australian Border Force, Australian Taxation Office, and interstate health departments.
Images of some of the seized vapes can be found here.
To report any businesses or individuals suspected of selling nicotine vaping products, please go to the SA Health reporting form.
For more information, visit Tobacco and e-cigarette laws and businesses.
Quotes
Attributable to Chris Picton
Vaping is a looming health crisis that should ring alarm bells for all of us.
I am especially worried about the trend of young people getting hooked on vapes and the impact on their health and wellbeing.
We are taking strong action to protect the community from the dangers of nicotine vapes, by stamping out the sale of illegal products and imposing tougher penalties for those caught selling them.
During the blitz, we have stopped more than 4,500 illegal nicotine vapes getting into the hands and lungs of young people.
We have fined 12 businesses, with further legal action under consideration.
Attributable to SA Health, Health Protection and Regulation Executive Director, Dr Chris Lease
We are pleased to see the overwhelming majority of South Australian businesses are doing the right thing and have either ceased selling vapes or have taken the necessary steps to ensure that their vape products are nicotine-free.
The South Australian community has also played a big part in helping us to confront this concerning issue by reporting businesses suspected of doing the wrong thing.
SA Health will now assess compliance with nicotine vaping licence conditions as part of our routine inspections, to ensure businesses continue to do the right thing.
Attributable to Chief Public Health officer, Professor Nicola Spurrier
Vaping increases the risk of serious health outcomes including addiction to nicotine, serious harm to the lung, and is a risk of poisoning especially in children.
Vapes don't just release nicotine and water vapour – research has found they also contain a complex cocktail of chemicals, all of which may cause harm.
We remain committed to working with all tiers of government to disrupt the nicotine supply chain into South Australia.
