The Regulation of E-cigarettes
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The Regulation of E-cigarettes

International, European and National Challenges

Edited by Lukasz Gruszczynski

Combining the insights of leading legal scholars and public health experts, this unique book analyses the various legal problems that are emerging at different levels of governance (international, European and national) in the context of the regulation of e-cigarettes. The expert authors assess in depth the possible application of the precautionary and harm reduction principles in this area, examine the legal constraints imposed on states by international and European rules, as well as the regulatory approaches currently in place in selected national jurisdictions.
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Chapter 11: One does not simply sell e-cigarettes in Australia: an overview of Australian e-cigarette regulations

Coral Gartner and Marilyn Bromberg

Abstract

This chapter describes the current regulation of Electronic Nicotine Delivery Systems (ENDS) in Australia. Australian federal, state, and territory governments have applied highly restrictive regulations to this category of products. ENDS that are supplied, possessed, or used for therapeutic purposes are classified as a prescription-only medicine and regulated by federal therapeutic goods regulations but no such products have yet been approved as medicines, and few options exist for legally accessing unapproved medicines. Nontherapeutic ENDS are classified under most regulations as dangerous poisons and require authorization for their supply, possession, or use. Most Australian ENDS users thus import and use nicotine-containing products illegally. The chapter also discusses regulatory actions in Australia against ENDS suppliers and users, and failed attempts to liberalize the regulation of ENDS.

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