Vape shops all but disappear from WA but black market thrives in convenience stores

More than 100 dedicated vaping stores in WA have closed since the introduction of strict new laws last year, but a raft of convenience stores are still flouting the rules and selling illegal vapes under the counter.

Those are the findings of a new report from The University of Notre Dame, which warns convenience stores “remain a common source of vapes for young people”.

The report, published on Wednesday in the Australian and New Zealand Journal of Public Health, found that of 194 vape shops operating in WA in January 2023, 117 had closed by September 2024, three months after strict federal legislation barring the sale of vapes came into effect.

Another 76 stores that had previously sold vapes alongside other products had stopped selling vapes altogether, while one store was still openly selling vapes on the day of the audit.

But when it came to convenience stores in inner-Perth, the report found 14 of 32 surveyed prior to the new laws coming into effect were selling vapes under the counter.

Of those stores, 11 were still doing so after the strict legislation came into effect – including nine within a 500-metre radius of Perth’s CBD.

Report co-author Professor Lisa Wood said the findings relating to dedicated vape stores were encouraging.

“Previously, these stores were all-too common in our local communities,” she said.

“They were often located near schools and openly advertised vape products to passers-by, with enticing windows displays and appealing flavours contributing to the normalisation of vaping amongst young people.”

The report lays bare the challenges of enforcing the tough federal and WA legislation, under which it is illegal to sell, supply or possess vaping products without a doctor’s prescription.

Single-use vapes are banned altogether. But when this masthead took a stroll through Perth’s CBD earlier this week, it didn’t take long to come across discarded packaging for popular disposable vape brands including iGet and Alibarbar.

Public Health Association of Australia chief executive Terry Slevin said the report’s finding that convenience stores were still selling vapes illegally wasn’t surprising.

“This sector has a long history of undermining community health efforts, putting profits first,” he said.

“Illegal convenience store vape sales are happening across the country.”

A state government spokesperson said the report was a clear indication laws to crack down on vaping were working, but illegal sales showed “a blatant disregard for the health of Western Australians, putting profits ahead of public health”.

“The Department of Health is actively monitoring and enforcing illegal vape sales across WA, working closely with WA Police, Australian Border Force, the Therapeutic Goods Administration, and the Commonwealth,” they said.

“Since 1 January 2024, the department has conducted more than 1600 inspections and seized more than 190,000 vapes, with an estimated worth of more than $5.8 million.”

In August, WA Police Commissioner Col Blanch told Radio 6PR he wanted the power to shut down convenience stores and smoke shops that sold black market tobacco over fears of a brewing “tobacco war”, following two shootings and firebombings in Perth.

Blanch said selling illicit tobacco was already illegal in WA, but the meager fines were not acting as a deterrent for shop owners.

“I think the penalties and consequences of doing it need to be far greater because at the moment it’s quite a lucrative business where these shops can earn thousands of dollars, so a small fine is not really going to be a deterrent,” Blanch said.

A WA Police spokeswoman told this masthead the investigation and prosecution of illicit tobacco and vape sales remained the responsibility of the Department of Health and the Therapeutic Goods Administration.

“The WA Police Force remain committed to identifying and disrupting organised crime groups operating within this space who use utilise violence and stand over tactics to intimidate others that impacts upon the wider community,” she said.

Local governments across Perth are coming up against the problem of stores popping up in empty retail spaces and selling little else but chips, drinks, and with a stock of contraband behind the counters.

Fremantle Mayor Hannah Fitzhardinge has been on a crusade to stop the proliferation of convenience stores selling vapes illegally in the port city.

Fitzhardinge said it had almost been a year since the council first flagged the problem with the health department, and it was “getting worse by the day”.

“We’re trying to create a family atmosphere in Fremantle, and the proliferation of these convenience stores is not helping,” she said.

“Local government can report suspicious activities to law enforcement agencies, and our city officers have certainly been doing that.”

Fitzhardinge said she had met with police and state health ministers in a bid to expedite a solution, with a particular focus on tougher penalties.

“We believe the fines for illegal vape sales are not high enough, compared to other states. We would also support the introduction of closure orders for stores found to be selling illicit tobacco or vapes,” she said.

“Otherwise, at a local government level, we are looking at what planning mechanisms we have, to restrict certain land uses in the city centre, but those changes take a long time to implement.”

Slevin said vapes were dangerous, and “their ingredients should not be inhaled into young lungs”.

“This is about preventing an epidemic of lung and other disease in the future. The time to act is now. And the action and penalties rightly focus on those making the profits,” he said.

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