Weaknesses in Aussie tobacco laws leave children exposed

Publicly released:
Australia; QLD
Samuel Wiki, CC0, via Wikimedia Commons
Samuel Wiki, CC0, via Wikimedia Commons

Weaknesses in tobacco laws leave children exposed to tobacco product retailing, according to an Australian analysis of existing legislation. The researchers say there are differences between states around how tobacco retailing is regulated. They say kids are allowed to sell tobacco in some states, and there are few restrictions on tactics, such as window toy displays in tobacconists or toy shops selling tobacco products. They also found that there are no regulations to restrict the location of tobacco retailers. The authors say tobacco retailing laws should be strengthened.

Media release

From: The University of Queensland

Current tobacco laws fall short in protecting children

Two unaccompanied children (blurred) browsing inside a Queensland tobacconist. Image: Kylie Morphett.10 March 2025
Gaps in Australian tobacco laws are allowing children to be targeted by retailers, with some using window toy displays, cartoons and movie characters on their shopfronts, University of Queensland researchers have found.

In a comprehensive review of Australian federal, state and territory tobacco control laws, researchers analysed how well children were protected from exposure to tobacco marketing in retail environments.

Dr Kylie Morphett from UQ’s School of Public Health said current laws allowed tobacco to be normalised for children, with no restrictions on the types of retailers who could sell tobacco, including toy stores.

“Anecdotal evidence suggests some Australian tobacconists are undermining tobacco control measures by selling confectionery, toys and other products designed to appeal to minors,’’ Dr Morphett said.

“Examples include a tobacconist featuring images of the PG rated movie The Mask in its signage, a tobacconist store painted in ‘SpongeBob’ cartoon images, a tobacconist featuring a large ‘Pikachu’ Pokémon character and ‘Iron Man’ at its entrance, and tobacconists with window toy displays at child height.

“Stores that predominantly sell children’s products, such as toy stores, have also been found selling tobacco in Australia, which is not prevented by current tobacco retailing laws.’’

Other gaps in the laws that exposed children to tobacco marketing included some jurisdictions that still allowed children to sell tobacco products, and none that restricted the location or number of tobacco retailers.

The review found tobacco laws should be strengthened to de-normalise tobacco products and that Australia lacked a consistent national approach to tobacco retailing controls.

Recommended regulatory measures included preventing tobacconists from selling products designed for children such as toys and confectionery; restricting entry by children to tobacconists; and ending the sale of tobacco by general mixed-business retailers.

Professor Coral Gartner, who led the research, said there were significant opportunities to strengthen current laws.

“There are still many ways youth can be targeted by tobacco retailers and attracted to smoking through practices that remain underregulated,’’ Professor Gartner said.

“Tobacco retailing is prevalent in most shopping precincts in Australia, making tobacco retailers widely visible, accessible and attractive to children and minors.

“For young people, exposure to tobacco retailing is associated with increased likelihood of experimentation, initiation and uptake of smoking.”

The research is published in Drug and Alcohol Review.

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Drug and Alcohol Review
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Organisation/s: The University of Queensland
Funder: Tess Rooney holds an Australian Government Research Training Program stipend and was supported by a topup scholarship from the National Health and Medical Research Council Centre of Research Excellence on Achieving the Tobacco Endgame (NHMRC Grant GNT1198301). Kylie Morphett and Michaela Okninski were supported by an NHMRC Grant (GNT1198301). Coral Gartner was supported by an ARC Future Fellowship (FT220100186). The authors would like to acknowledge assistance from Ms Ariel McLay in collating the legal material. Open access publishing facilitated by The University of Queensland, as part of the Wiley - The University of Queensland agreement via the Council of Australian University Librarians.
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