Fewer than 200 non-prescription vapes are being sold through pharmacists each day, fuelling speculation a massive black market continues to thrive.

Landmark law changes that took effect in October meant the products can only legally be sold through pharmacies, with prison terms and huge fines for those caught illegally supplying or manufacturing vapes.

But data released by the Therapeutic Goods Administration (TGA) found little more than 40,000 vapes were supplied via pharmacists without a prescription in the first seven months of the scheme.

That compares with the more than nine million illegal vapes seized since January 2024, showing bulk demand for the product in Australia.

The TGA does not know how many vapes were sold via prescriptions, though only about 3000 medical practitioners are approved to prescribe them nationwide.

But Health Minister Mark Butler insisted the laws had been effective, because smoking prevalence data had Australia’s rates at all-time lows across all age groups.

“We’re taking on big tobacco on the one hand and organised crime on the other, which continues to use vapes as a ready source of revenue to fund all their other criminal activities,” he said.

“We know this is not going to be easy, but we’re really pleased that our world leading (is) finally turning the corner on this public health scourge.”

But critics, including the federal opposition, said the data showed the government’s approach was not working.

“Instead of actually working to come up with a solution and have the enforcement that needed to go with it, (the government) doubled down on that policy and went to a completely unconsolidated policy that said you can only buy vapes by going to the pharmacy,”  opposition health spokeswoman Anne Ruston told Sky.

“The pharmacies didn’t want to do that and, lo and behold, 18 months later, quite clearly, it’s not working.

“The real tragedy of all this is the fact we have seen young Australians particularly forced into the hands of organised crime.”

NSW Liberal MP Kellie Sloane said the lack of buy-in from pharmacists was driving consumers to tobacconists selling vapes on the black market.

“People are buying them illegally, and if not buying the vapes, they’ll buy the illicit tobacco,” she told 2GB.

A TGA spokesman said the approach taken by the government was working because vaping use among young Australians was decreasing.

“The government’s world-leading reforms to vaping products were designed to make illicit vapes easier to detect and to reduce opportunities for unlawful trade in these products,” he said.

“Strengthening the regulation of all e-cigarettes, through enhanced border controls, banning all single-use vaping devices, ending the sale of vapes outside of pharmacies, and heightening advertising restrictions on vapes has made it easier to identify and disrupt the illicit supply of vapes and take enforcement action.”

After the new federal laws came into force, NSW authorities seized more than 47,000 illegal vapes in the last three months of 2024.

Australian Border Force and TGA officials themselves seized more than seven million vapes at borders across all of 2024.