E-cigarettes challenged by both law and science

E-cigarettes are devices that are made up of a tube, a battery and a liquid-filled cartridge. When the user presses a button, the solution in the cartridge is heated and turns into vapour, which is inhaled. Most resemble the shape and feel of cigarettes but some look like lipsticks, fountain pens and even USB sticks.

While most e-cigarettes contain nicotine, some don’t. They can come in a range of flavours—including mint, strawberry and chocolate.  Supporters say they are safe and are saving the lives of countless smokers who no longer inhale carcinogenic smoke. Detractors say the health benefits and risks are still unclear.

‘They are a huge business and they are growing all the time,’ says Marilyn Krawitz, a lecturer at the University of Notre Dame in Fremantle and  a solicitor with Perth firm CMS Legal.

‘The first e-cigarette was created in 2003 by a Chinese pharmacist, and since then they are being used all over the world. There are at the moment thousands of Australians who use e-cigarettes. In the UK there are about 700,000 people who use e-cigarettes, and the industry is expected to be about a $23 billion industry by 2023.’

Krawitz has been researching the hazy legal status of e-cigarettes here in Australia. Under federal law, nicotine is listed in Schedule 7 of the Standard for the Uniform Scheduling of Medicines and Poisons. This means nicotine products cannot be sold unless they are approved for therapeutic use or are a device similar to traditional cigarettes. To date, the Australian Therapeutic Goods Administration has not approved an e-cigarette product on the therapeutic goods register. However, there is a loophole that allows Australians to access e-cigarettes containing nicotine.

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