Shock, out of stock and secret supplies: what we found when we tried to buy vapes in Australia

Guardian Australia found vapes on sale at several shops, despite the ban coming into effect on 1 July. Photograph: Sandra Sanders/Reuters

“No ban. We keep selling.”

That was the refrain from a cashier at a convenience store in the Melbourne suburb of Brunswick West, on the day the so-called world’s toughest vape laws took effect.

It was hard to see how the new law had changed anything in the shop. Multiple lists of flavoured nicotine vape products were on clear display in the middle of the store. And the cashier seemed genuinely confused by the reforms.

From 1 July all non-pharmacy retailers including tobacconists, vape shops, and convenience stores were banned from selling vaping accessories and devices. Suppliers face more rigorous enforcement and increased penalties, including jail time, for flaunting the reforms.

Retailers have known about the reforms since November 2023, and were granted a transition period to run down supply and prepare for 1 July. But Guardian Australia reporters were able to easily buy vapes from convenience and tobacco stores in Melbourne, Sydney and Adelaide after the laws kicked in.

However, some store owners said they did not sell vapes any longer, or were out of stock and unclear as to whether they would restock supply.

In the suburb of Newtown, in Sydney’s inner-west, vapes were easy to find, with two stores approached offering menus listing the flavours available. At one of those stores, the staff member said they “do not know” when they will have to stop selling them, while at the other, the staff member offered assurance that “it’s OK” before selling a rum and tobacco flavoured vape for $39.95.

A staff member at a third Newtown store said someone had taken all the stock that morning, but to come back around 5pm and supply should be replenished. At another store, a cashier said vapes were sold for “cash only”, but after retrieving cash from an ATM, Guardian Australia was told, “we don’t sell vapes here”.

In Sydney city, a shopkeeper said there were “no vapes” for sale, much to the shock of an American tourist standing nearby who overheard and responded; “You can’t buy vapes here? It’s my first day in Sydney!” At another city convenience store, a cashier also said: “Out of stock, all finished”.

But at a grocery store near Haymarket, the shopkeeper unlocked a cabinet behind the counter, which hid vapes and cigarette packs, and pulled out a dynamic mint flavoured vape. When asked if they would have more in stock in future, he said it was one of the last vapes.

Would they have more for sale soon? He wasn’t sure. “Come back and check, thank you.”

In Adelaide, a store had an abundant supply of hot watermelon ice flavoured vapes when asked if vapes were for sale.

The health minister, Mark Butler, told reporters in Canberra on Monday that stores should expect to be held to account in coming weeks.

“The enforcement activity that we are starting this week, in partnership with state and territory health authorities, will also be substantial,” he said.

“So for those out there who have been selling and supplying these vapes in vape stores or other retail settings, you need to stop.

“If you don’t stop, I want to assure you that you will be liable to very significant penalties with fines up to $2m and jail time up to seven years.”

The president of the Pharmaceutical Society of Australia, associate Prof Fei Sim, said some consumers were confused by the reforms. She has received reports that customers have been asking pharmacists for vapes over-the-counter.

This is because in order to get the support in the Senate needed to pass the reforms into law, the government reached a last-minute deal with the Greens to abandon the prescription model and make vapes available from pharmacists over-the-counter.

To give pharmacists enough time to prepare, the original prescription model is now in place. In October, pharmacists will switch to the over-the-counter model.

“Pharmacies are not vape shops or convenience stores,” Sim said.

“Pharmacists are healthcare professionals and people need to understand that to meet their ethical obligations, from October the pharmacist will need to have a conversation with the patient to establish a therapeutic need for a vape, just like with any other medicines.

“The pharmacist will need to assist them when it comes to their nicotine dependence management journey, and be satisfied it is clinically appropriate to supply the vape.”

She said it is important for customers to realise they “are not going to be able to access vapes in the same way” or with the same ease from pharmacists as other retailers.

Additional reporting by Kelly Burke, Luca Ittimani, Tory Shepherd, Josh Butler.