Some believe that the popularity of electronic cigarettes is partly due to the legal loophole that the sector was able to land on. Many public health officials and lawmakers have been quick in acting against the trend by (wrongfully) lumping ecigarette use with cigarette smoking. Some have decided to wait for more conclusive evidences in order to come up with proper regulations. For this, they were criticized and dubbed as irresponsible public officials.

In South Australia, for example, legislators were said to be behind the trend in the legislative bodies for addressing the legal loophole. Regulations over ecigarettes are yet to be put in place, but present situation in the region shows that these regulations are very much needed now.

Law Against Youth Vaping

There are presently no rules enforced in South Australia that will prevent any child or minor from buying the supplies necessary for vaping. It is, however, an illegal act for vendors to sell eliquids that contain nicotine.

Yet, a man named Peter from the Munt Baker area confirmed he was able to buy nicotine-laced eliquid. Peter described during a morning show how he was able to purchase ecigarette and oils for his relative from America that has 6-36 mg/ml nicotine.

Ecig-selling websites advise customers that they can legally import up to 3 months supply of nicotine eliquid for their cartomizers as per regulations from the Australian Government Department of Health and Aging. Yet, these online vendors warn customers to first check with their specific state regulations.

Electronic cigarettes are now accepted by smokers as affordable smoke alternatives. Online marketing by vendors even involves free samples of eliquids to customers from Australia.

Another morning show caller also attested that her daughter was given promotional ecig while in a nightclub at Melbourne. If her daughter is still a minor, she should have questioned the night club for admitting her underage daughter and not merely questioning the free samples.

In Western Australia, legislators have passed a law banning sale of any items that are cigarette styled. Chris Lease, the Health Protection Director in SA, said that they have taken off the market anything that resembles real cigarettes.

He said that local establishments are currently controlling the use of electronic hookahs within their premises on case to case basis. Flavored e-hookahs with nicotine, he said, are not available.

Favoring Ecigarettes

An ecigarette user named Jo explained how she was able to save money by changing to the imported vapor oil infused with 6 mg nicotine. She said that she had incredibly cut down on traditional cigarettes.

The legality of ecigarette use in South Australia is yet to be established. Yet, Wendy Bevan of Australian Hoteliers Association South Australian branch stated that publicans were implementing similar rules on cigarette smoking. Ecig users have been observed to comply happily. Bevan said that vapers could technically use their devices indoors, but nicely asking them to go outside to vape has been working pretty well.

Earlier This Year

The ecigarette legal loophole is indeed something that occurs in every country where there is tight control against tobacco. However, Swedish customs officials were the ones who took advantage of the legal loophole.

In Sweden earlier this year, officials have skirted the court ruling that prevented them from seizing electronic cigarettes. Incidentally, they found a loophole for promoting public health.

Swedish customs in October 2013 seized a package from China that contained ejuice refills for ecig devices that was supposed to be delivered to Malmo Company. The parcel was confiscated based on the grounds that eliquids were treated as medicines so importation of it is illegal.

After a month, Malmo court ruled that the border officials were wrong because they have no legal basis. In January, however, another method has been used by the Swedish customs. This time, officials justified the seizure by using the Swedish Medical Products Agency rules. They said that importation might not be a crime, but it can only be done only with a permit.