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INDUSTRY INSIGHT NO SMOKE WITHOUT IRE OVER VAPING PRODUCTS The NRA is pushing government to take a fairer and more sensible approach to legalising the sale of vaping products. By National Retail Association CEO Dominique Lamb. The National Retail Association (NRA) takes pride in its ability to represent the interests of its members in discussions with all levels of government. We’ve also played a key role in advancing numerous policies that provide a social good. Examples include working with various state governments to transition the sector away from plastic bags, advocating for family and domestic violence leave and support for more inclusive workplace practices. Another issue that is front and centre in public debate at present is that of the legal use of vaping products. There are currently 500,000 Australians using smoke-free nicotine products, with the vast majority of them former smokers who have transitioned to vaping to stop smoking harmful cigarettes. However, in June this year, the federal Health Minister introduced an importation ban on these products that would see half a million Australian vapers forced to revert to using more harmful cigarette products once the ban came into effect in 2021. Then in September, the Therapeutic Goods Administration sought to make it illegal to buy vaping products unless these conditions are met: • A prescription is obtained from a doctor. • The vaping product is bought at a participating pharmacy. Subsequently, things became farcical when, in the same month, the federal government backflipped on its previous ban on personal imports of e-cigarettes and vaping products, meaning an individual would be free to buy vaping products from an overseas supplier but still not local retailers. In other words, granting a market monopoly to corporate pharmacies and overseas businesses while locking out Australian retailers. It’s completely illogical that, while retailers across Australia are permitted to sell cigarettes – the most dangerous form of consuming nicotine – they’re barred from retailing much less harmful smoke-free vaping and heated tobacco products. Fortunately, in Canberra, the concerns of retailers wishing to sell less harmful nicotine products are being listened to. A Senate inquiry has been launched into smoke-free vaping regulation, supported by the government, the opposition and the crossbenchers. The Select Committee on Tobacco Harm Reduction will inquire into tobacco reduction strategies and report their findings on 18 December. I can confirm that the NRA has provided a written submission that outlines a fairer and more sensible approach to legalising the sale of vaping products. In our submission, we propose a regulatory framework developed by the ACCC to regulate smoke-free tobacco products, based on the principles of reducing harm, helping Australian smokers, and protecting Australian kids. This model recognises that 20,000 Australian retailers, which already have trusting relationships with the country’s three million smokers, are well placed to act as the frontline in helping customers move to a less harmful product category. We’re concerned that the ‘internet’ or ‘pharmacy’ models currently being proposed by the government would force Australian retail businesses to continue their reliance on harmful cigarette products. The NRA thinks it unfair that overseas businesses and corporate pharmacies are granted exclusive access to the vaping market. Under the NRA’s proposal, strict provisions such as age verification, regulated packaging, advertising bans, and ingredient and quality standards would be imposed. This approach is in line with models already in place in comparable countries, such as New Zealand. We want the three million Australian smokers to have easy and safe access to less harmful alternatives to cigarettes. Despite decades of public awareness campaigns, more than 21,000 people still die in Australia each year from smoking. It’s also estimated that the habit costs the community almost $137 billion every year in social and economic costs. Our proposed approach will provide a suitable framework for suppliers to produce and retailers to distribute suitable, smoke-free products. Appropriate use and quality control of vaping products can help more smokers transition to less harmful alternatives, and Australian retailers want to play our part in achieving this. About Dominique Lamb Dominique Lamb is the CEO of the National Retail Association and has extensive experience providing industrial relations and employment law advice to a range of small, medium-size and large businesses across a range of industries. In 2011, she was awarded the Australian Institute of Management’s Young Gun of the Year Award and in 2016 was a finalist in the Brisbane Women in Business Awards. The National Retail Association The National Retail Association (NRA) is Australia’s largest and most diverse industry association. The NRA is the only retail industry association to deliver practical legal advice through its wholly owned and incorporated legal practice, NRA Legal. 24 CONVENIENCE WORLD NOV/DEC, 2020