The Eros Association is a membership based organisation and represents adult-related businesses. Many of our members retail or wholesale personal vaporisers (e-cigarettes).

Personal vaporisers are a direct competitive product to combustible tobacco products and the evidence suggests that these products have a lower risk to health than smoked products. They are not a therapeutic product intended to help people stop smoking, they are a competitive product that consumers may choose over tobacco.

There are many anecdotes now provided by people who have reduced or ceased their use of smoked tobacco due to their use of a personal vaporiser. Although vaporisers may have risks to health, it is nearly certain that the risks are lower than that of smoked tobacco, with a pulmonology researcher saying that, “I do tell my patients that they might be better off if they switched from regular cigarettes to e-cigarettes.”1

Queensland has regulated personal vaporisers in three ways:

  1. Cannot be used in existing non-smoking areas

  2. Not to be sold to under 18s

  3. Not to be advertised, promoted or displayed at retail outlets

When you consider how to best regulate personal vaporisers in New South Wales, there are a few important factors that should be taken into account to ensure best policy.

  1. Non-smoking areas were created primarily because smoked tobacco, when exhaled, can still be harmful to people surrounding the smoker (second hand smoke). It is also not aesthetically pleasing to many and is an unfair imposition on others.
    There is currently no evidence to suggest that the vapour exhaled by someone using a personal vaporiser is dangerous to others’ health. Though there has been little research at this point in time, it is highly unlikely that the vapour from a personal vaporiser would match that of tobacco smoke in terms of potential for harm. It may pose some risks but they would likely be more analogous to walking anywhere near where there are cars than to tobacco smoke.

    • The Eros Association recommend that private entities be left to decide whether or not they wish to ban the use of personal vaporisers on their premises.

  1. Australian society generally accepts that the age of 18 is the age at which one is considered an adult.

    • The Eros Association understand personal vaporisers to be adult products and recommend that adult products should only be available to adults. Restricting sale to premises which are age-restricted would help to enforce a separation between adult-only products and all-age products.

  1. Personal vaporisers are adult-only products, as mentioned above. They are also competitive alternatives to smoked tobacco, which held a monopoly on the market for legal inhaled recreational products for many decades. Over this time, the tobacco industry has had many opportunities to ingrain its product in the consumer psyche. Personal vaporisers are still novel products and need to be able to compete effectively with smoked tobacco products, while also heeding the lessons of the tobacco industry’s ability to advertise.

    • The Eros Association recommend that advertisements, promotion and display be regulated rather than banned. The best option for this is to restrict advertising, promotion and display to age-restricted premises.

We strongly support people’s freedoms and liberties, including their right to choose to consume a product that they enjoy. Personal vaporisers should not be framed in a manner that equates them to tobacco products. These products differ greatly to tobacco products and offer a competitive alternative for the market.

1Environmental Health Perspectives, Vaping and Health: What Do We Know about E-Cigarettes?, vol 122, Issue 9 Sept 2014. <http://ehp.niehs.nih.gov/122-a244/>