Person fined $31,698 for alleged unlawful advertising of disposable nicotine vaping products

The Therapeutic Goods Administration (TGA) has issued 12 infringement notices totalling $31,698 to a NSW based individual for alleged unlawful advertising of disposable nicotine vaping products on several websites.

The TGA identified the non-compliant advertising on two websites allegedly operated by the individual and provided them with guidance about their legal obligations. Despite that, it is alleged that the individual attempted to evade responsibility by closing the original websites and publishing further advertising on two new websites.

The individual allegedly advertised and had available for sale nearly 100 nicotine vaping products across at least four websites and two social media pages.

Prescription only medicines, which includes nicotine vaping products, are generally prohibited from being advertised to the public. Pharmacists can dispense nicotine vaping products to consumers within Australia on prescription, but general retail sale of nicotine vaping products to consumers is illegal.

The rules around the import, manufacture, advertising and supply of nicotine vaping products balance the need to prevent adolescents and young adults from taking-up nicotine vaping (and potentially cigarette smoking) while enabling current smokers to access these products for smoking cessation with appropriate medical support.

If you suspect non-compliance in relation to therapeutic goods, you can report illegal or questionable practices online to the TGA. The TGA encourages the reporting of suspected non-compliant advertising.