Melbourne based pharmacist fined $7,992 for the alleged unlawful advertising of nicotine vaping products

The Therapeutic Goods Administration (TGA) has issued three infringement notices totalling $7,992 to a Melbourne-based pharmacist for alleged advertising breaches relating to nicotine vaping products.

It is alleged the pharmacist was responsible for unlawfully advertising nicotine vaping products on the pharmacy website and related social media accounts. Under the Therapeutic Goods Act 1989, nicotine vaping products are Schedule 4 prescription only medicines in the Poisons Standard) and cannot be advertised to the Australian public, otherwise than in accordance with the relevant Advertising Permission. The alleged unlawful advertising was not consistent with the conditions in the permission, namely that the advertising must only refer to a service and not advertising of the products themselves. In particular, the advertising contained pictures and the trade names of the goods.

Those engaging in, or intending to engage in, a business which involves health products or the provision of health services should be aware of the regulatory requirements for therapeutic goods, including the types of conduct that are prohibited. Further information on the advertising of nicotine vaping products specific to pharmacists can be found on the TGA website.

The TGA considers advertising breaches relating to nicotine vaping products a serious matter and is taking prompt and appropriate action to ensure compliance with the law. Other nicotine vaping product related enforcement actions include:

• Sydney-based company Mason Online Pty Ltd fined $106,560 for alleged advertising breaches of nicotine vaping products
• Melbourne company Australia Utopia Pty Ltd fined $93,240 for alleged advertising breaches for nicotine vaping products
• RV Global Ecommerce Pty Ltd was fined $39,960 for alleged unlawful advertising of nicotine vaping products
• A Melbourne-based individual was fined $18,648 for alleged advertising breaches in relation to nicotine vaping products
• An individual based in Melbourne was fined $7,992 for alleged unlawful importation of nicotine vaping products
• NSW company JMIT Distributors Pty Ltd fined $79,920 for alleged advertising breaches involving nicotine vaping products
• NSW based executive officer fined $10,656 for alleged unlawful advertising of nicotine vaping products

An infringement notice is an alternative to commencing court proceedings, see Information about infringement notices for more information.

The TGA encourages the reporting of suspected non-compliant advertising to the TGA.