House debates

Monday, 9 November 2020

Private Members' Business

Electronic Cigarettes and Personal Vaporisers

11:02 am

Photo of Mike FreelanderMike Freelander (Macarthur, Australian Labor Party) Share this | | Hansard source

I move:

That this House:

(1) acknowledges that the House of Representatives Standing Committee on Health, Aged Care and Sport held an extensive inquiry into the use and marketing of electronic cigarettes and personal vaporisers in Australia, throughout the 45th Parliament;

(2) notes that the inquiry did not find, nor recommend, that e-cigarettes and personal vaporisers be considered to be 'health products', nor that they reduced harm to users;

(3) further notes that e-cigarettes and personal vaporisers:

(a) are not universally considered to be an effective tool in helping smokers to quit smoking or reduce consumption of nicotine products;

(b) may be considered to be a 'gateway' into the consumption of nicotine, tobacco and nicotine products; and

(c) involve the use of flagrant advertising and enticing flavours, which allure consumers to consume their substance;

(4) notes that the Senate is considering holding another superfluous inquiry into the use of such products, despite the House having held an extensive inquiry in the previous parliament;

(5) condemns any attempt from vested interests to promote the use of e-cigarettes and personal vaporisers within this parliament; and

(6) concurs with the House of Representatives Standing Committee on Health, Aged Care and Sport in its findings, namely that independent experts at the Department of Health, the National Health and Medical Research Council and the Therapeutic Goods Administration are well-placed to review the use and regulation of electronic cigarettes and personal vaporisers.

There is a rotten smell in this building and it smells like big tobacco. I don't stand here to lecture or to judge or to demonise people who are trying to give up smoking. I want to make that clear because there will inevitably be attempts by some to paint my comments in that light. I stand here to raise serious and valid concerns about the influence of big tobacco on our democracy. Big tobacco, like many of the diseases it causes, is a malignant force.

I was part of the Standing Committee on Health, Aged Care and Sport in the 45th parliament, which held an extensive and fair inquiry into the use and marketing of electronic cigarettes and personal vaporisers in Australia. The inquiry received over 350 submissions, many of them extensive. We held multiple public hearings and sought the expertise of a range of stakeholders and experts in their respective fields. I want to make it clear that that entire process would not have been possible without the dedicated team of the committee secretariat. I want to thank them for their diligence and hard work throughout that yearlong inquiry.

Our inquiry made a number of recommendations and acknowledged that independent experts at the Department of Health, the National Health and Medical Research Council and the Therapeutic Goods Administration were well-placed to review the use and regulation of electronic cigarettes and personal vaporisers and had previously made their views clear about their role in Australia.

We received information and submissions from virtually every health organisation in Australia, from the AMA to the College of Physicians, to Asthma Australia to respiratory medicine Australia, and multiple other medical jurisdictions—all of which were quite clear in their view that electronic cigarettes and personal vaporisers should not be made available over the counter to all and sundry.

Now, unfortunately, we came up with a number of recommendations that were not considered appropriate by the tobacco industry. Among the inquiry's suggestions was the following: the TGA continues to oversee the classification of nicotine and relevant exemptions for nicotine products and the assessment of any electronic cigarette product as therapeutic goods. We also suggested the Australian government establish a regulatory process for assessing and restricting colourings and flavourings used in electronic cigarettes. The TGA subsequently undertook an inquiry into the availability of electronic cigarettes and nicotine products. They came out with a number of findings, which recommended there be absolutely no change to the availability of these products, that they not be available over the counter, and they were quite critical of the fact that these products were obviously targeted to young people with things like bubble gum flavourings, peaches and cream et cetera. They are clearly targeted at young people.

Subsequent to that TGA inquiry, Philip Morris—big tobacco—has come out with a 10-page criticism of the TGA fine. The TGA is a nationally and, indeed, internationally recognised authority, and yet big tobacco wasn't happy with what they found. Big tobacco has put pressure onto the Australian Senate, and the Senate has now recommended yet another inquiry, at the behest of big tobacco. This is shocking. This is big tobacco influencing our parliament to make addictive products available for our children. This is a disgrace. This is an absolute disgrace. You'll just have to forgive my cynicism, but this new undertaking has been made at the request of big tobacco. It's come forward rapidly. It really is unbelievable, to me, that our parliament would give in to big tobacco like this, and I would caution our Senate about having this inquiry and, indeed, about giving in to big tobacco. Thank you.

11:07 am

Photo of Anne WebsterAnne Webster (Mallee, National Party) Share this | | Hansard source

I second the motion and rise to express my support for the Commonwealth government's cautious approach to the regulation of e-cigarette products. I also acknowledge the contentious nature of this issue, and that there are many people in Australia, and in my electorate of Mallee, who have come to rely on e-cigarettes as an alternative to cigarettes and tobacco. Having heard testimonials from a number of people in my electorate, I know that some have used these products successfully to reduce their consumption of tobacco, leading to improvements in their quality of life.

I co-signed a letter, with several other MPs and senators, addressed to the Minister for Health, calling for a delay in changes to Customs regulations that would end the importation of vaping liquids for use in e-cigarettes. In doing so, I expressed my concern that these changes were rushed, did not appropriately consider community sentiment and did not allow adequate time for doctors and suppliers to move to a new regulatory framework to continue the distribution of these e-cigarette products. However, these concerns do not change the fact that the jury is still out on e-cigarettes. That is to say that, at this point in time, evidence related to the safety and health benefits of e-cigarettes is inconclusive.

E-cigarettes are still relatively new products, meaning there is not enough meaningful data and information available to inform their long-term health effects. This position is replicated by several leading organisations around the world, including the World Health Organization, the Cancer Council of Australia, the Alcohol and Drug Foundation of Australia, and the US Food and Drug Administration agency. Studies are also increasingly showing that e-cigarettes can emit harmful substances. The National Health and Medical Research Council advises that e-cigarettes may expose users to chemicals and toxins such as formaldehyde, heavy metals, particulate matter and flavouring chemicals at levels that have the potential to cause adverse health effects. Manufacturer quality can also not be guaranteed, meaning associated risks are greater still. In 2019, the Victorian Poisons Information Centre reported 41 cases of liquid nicotine poisonings, up from 21 cases in 2018. Also in 2018, a Victorian toddler died from e-cigarette liquid nicotine consumption.

Furthermore, beyond anecdotal evidence and personal testimonies, the evidence for e-cigarettes as cessation aids to help people quit smoking is also inconclusive. For this reason, the Therapeutic Goods Administration is yet to approve any e-cigarette products as a tool to quit. This therefore means that it is illegal to supply these products if they can claim to assist people to quit smoking. There are many smoking cessation therapy products that are lawfully available for commercial sale in Australia that have all been evaluated by the Therapeutic Goods Administration for quality, safety and efficacy, and e-cigarettes are not one of them. One research also points to a potential rise in smoking rates by renormalising smoking, reducing a smoker's motivation to quit or encouraging nonsmokers, including young people, to take up smoking. Evidence suggests that the use of e-cigarettes by non-smoking youths predicts future take-up of smoking. In the USA there was a 78 per cent increase in the number of high school children who are vaping over the most recent 12-month period surveyed.

There are also known risks associated with nicotine exposure on brain development, meaning pregnant women and adolescents should avoid nicotine-containing products. More concerning still is that e-cigarette products are appealing to children and adolescents due to the enticing flavours available. This is perhaps my greatest concern when it comes to e-cigarettes, that without controlling these products we will see increasing rates of smoking, especially in young people. That's why I'm glad that the Australian government is committed to reducing the prevalence of smoking and its associated health, social and economic costs. Evidence shows that smoking rates in Australia are now among the lowest in the world. It shows that 11 per cent of Australians aged 14 years and over reported smoking daily in 2019, down from 21 per cent in 1991. These results show that the broad range of tobacco control measures of successive Australian governments are working without the need for products such as e-cigarettes that pose further risks. I hope to see a continued reduction in Australia's smoking rates to meet the government's target of reducing rates to below 10 per cent by 2025.

11:12 am

Photo of Emma McBrideEmma McBride (Dobell, Australian Labor Party, Shadow Assistant Minister for Mental Health) Share this | | Hansard source

I rise to speak on this motion moved by the member for Macarthur, and in doing so recognise his life's work as a paediatrician and his strong voice in this place for better health for all Australians, especially children and young people. Dr Mike isn't afraid of saying what's right, even when it's not popular, and often in the face of loud voices.

As the only pharmacist in this place and someone trained in nicotine addiction and smoking cessation, I thought it was important to bring the debate about e-cigarettes back to where it should be and to examine some of the key facts. First, no brand of e-cigarette has been approved by the TGA for assisting people to quit smoking. Systematic evidence and quality trials have found no conclusive evidence that e-cigarettes are an effective quit aid or that they are more effective than approved, established methods for quitting smoking. According to NHMRC reports, e-cigarette use in nonsmokers is associated with future uptake of tobacco cigarette smoking, countering claims that e-cigarette use is mainly by long-term smokers to help them quit. The market for e-cigarettes is clearly young people and the tobacco industry's profit drivers to addict a new generation. Current use of e-cigarettes among Australian teenagers aged 14 to 17 is 17.5 per cent, second only to 18- to 24-year-olds, with the highest usage rate, of 18.7 per cent. As leading respiratory physician Professor Matthew Peters points out, documentary evidence suggests kids who use vaping are three to four times more likely to go from e-cigarettes to smoking. Vaping is what the Public Health Association of Australia has called a Trojan Horse to effectively market tobacco products. Australia has an outstanding record of protecting young people from the harms of tobacco and nicotine, which we must protect.

Second, Australia has one of the lowest smoking rates in the world, despite what the lobbyists might tell you. Australian Institute of Health and Welfare data published in July shows daily smoking rates to be at an all-time low of 11 per cent. This has been hard fought in the face of strong opposition from big tobacco and vested interests, and I acknowledge former federal health minister Nicola Roxon's work implementing plain packaging in 2012—Australia, leading the world in preventative health policy to control tobacco. In 2017, when presented with the Bob Elphick medal, Nicola Roxon said:

We all know that tobacco is such a scourge on our community that constant and refreshed effort is needed to limit the harm caused to Australians.

I couldn't agree more, which is why we must call out false claims by lobbyists that reductions in smoking prevalence have stalled or slowed as a means of aggressively promoting e-cigarettes as a quit method. As Associate Professor Renee Bittoun from the Woolcock Institute, who established one of the first smoking cessation clinics in Australia, said, 'Australia has one of the lowest rates of smoking in the world. We manage smokers well. There is no need to introduce a new nicotine product into the country.'

Let's debunk a myth: the claim that e-cigarettes are safe or less harmful than smoke cigarettes. There is no scientific basis for this claim. The health impacts from exposure to foreign substances—for instance, asbestos—can take decades to appear, and there is growing evidence to suggest that long-term inhalation of e-cigarette liquids or vapours is likely to pose health risks. Worldwide, millions of young people, who on previous trends were otherwise at no risk of harm from smoking or e-cigarettes, are using e-cigarettes, and many are now smoking because of e-cigarettes.

What goes into e-cigarettes? We don't know. Labelling of e-cigarettes and e-liquids has been found to be incomplete or inaccurate. Products have been found to contain chemicals that were not listed on the label, or the label has stated incorrectly that they didn't contain potentially toxic chemicals despite analysis confirming their presence. There might also be wide variations between the levels of nicotine stated on packaging and the amount contained in e-liquid. One study comparing identical models of e-cigarettes found nicotine content varied by up to 12 per cent within batches and up to 20 per cent between batches. What we do know is that e-cigarette liquids or vapours might also contain potentially harmful chemicals that are not present in smoke from tobacco cigarettes, that e-cigarettes might expose users to metals such as aluminium, arsenic, chromium, copper, lead, nickel and tin, that the rise in popularity of e-cigarette use has corresponded with an increasing number of reported nicotine poisonings due to exposure to ingestion of e-liquids, and that e-cigarette use exposes both users and bystanders to particulate matter that might worsen existing illness or increase the risk of developing cardiovascular or respiratory disease.

I'm going to finish with the words of a leading expert, Professor Matthew Peters. He says: 'The long-term effects of vaping are still unknown. However, short-term effects include onset of pneumonia and other lung diseases.' Australia has done fantastically well to reduce smoking rates. Current rates for people in the 14-to-17 age bracket are between three and four per cent. These figures are the envy of the world, and there is a desperate need to avoid introducing a product that risks increasing rates. We must protect young people from this scourge of nicotine.

Photo of Rob MitchellRob Mitchell (McEwen, Australian Labor Party) Share this | | Hansard source

The time allotted for this debate has expired. The debate is adjourned, and the resumption of the debate will be made an order of the day for the next sitting.