Vapes: advertising and promotion

Advertising of vaping goods is prohibited unless authorised by the TGA. This guidance explains the circumstances in which vaping goods may be advertised and the legal requirements advertisers must adhere to.

Changes to the Therapeutic Goods Act 1989 from 1 July 2024 prohibit advertising of all vaping goods unless authorised by the TGA. There are significant penalties for advertising vaping goods without authorisation.

TGA advertising authorisation

The Therapeutic Goods (Vaping Goods—Advertising) Authorisation 2024 (the Authorisation) permits specific advertising only to support the supply of therapeutic vaping goods within the legitimate supply chain.

Advertising can only occur, subject to strict conditions:

• on the label, packaging and inserts of vaping goods
• when directed exclusively to specified health practitioners
• when directed exclusively to and between persons engaged in wholesale and retail supply
• when occurring directly with a patient in the course of their treatment by a specifed health practitioner for smoking cessation and nicotine dependence
• in relation to Commonwealth and state health campaigns.

Advertising of vaping goods must adhere to the rules in Part 3 of the Therapeutic Goods Advertising Code.

General limitations on advertising

The advertising and promotion of vapes to the public is prohibited.

In all cases, advertising that is permitted should not:

• be promoted at educational, scientific, trade, or social events
• offer any personal payments, gifts, price discounts, incentives, or commissions in exchange for recommending or supplying the vaping goods
• include samples or offers of samples intended for patients
• provide testimonials or endorsements about the vaping goods
• contain any prohibited or restricted representations.

Labelling, packaging and inserts

Advertising is permitted on:

• the label of the vaping goods
• the packaging in which the vaping goods are contained
• any material included with the package in which the vaping goods are contained.

Advertising must comply with relevant product standards for therapeutic vapes. For further information on the standards, please refer to the Therapeutic Goods (Standard for Therapeutic Vaping Goods) (TGO 110) Order 2021, the Therapeutic Goods (Medical Device Standard—Therapeutic Vaping Devices) Order 2023 and the essential principles as applicable to vaping goods.

Separate requirements may apply to cannabis vapes. For more information, visit the Medical Cannabis Hub.

Advertising to health practitioners

Advertising can be directed exclusively to one or more of the following persons:

• medical practitioner
• nurse practitioner
• pharmacist
• practice manager or purchasing officer for a person mentioned in this list.

The advertising must only include information about the:

• availability and price of the vaping goods
• details necessary for their safe and effective use
• product specifics such as:
  • intended purposes
  • ingredients
  • formulation
  • composition
  • design specifications, or
  • presentation.

The information provided in the advertisement must be consistent with the sponsor notice for the vaping product.

The term ‘directed exclusively to’ means to the exclusion of others.

Advertising for retailers and wholesalers

Advertising is only permitted where it is directed exclusively to and between persons who are engaged in the business of wholesale supply and retail supply of the vaping goods in accordance with:

• paragraph (h) of item 15 of Schedule 5A to the Therapeutic Goods Regulations; or
• paragraph (g) of item 2.17 of Part 2 of Schedule 4 to the Medical Devices Regulations.

The advertising must only include information about the:

• availability and price of the vaping goods
• details necessary for their safe and effective use
• product specifics such as:
  • intended purposes
  • ingredients
  • formulation
  • composition
  • design specifications, or
  • presentation.

The information provided in the advertisement must be consistent with the sponsor notice for the vaping product.

The term ‘directed exclusively to’ means to the exclusion of others.

Advertising to patients

Advertising is permitted when it is advice or information given directly to a patient by one or more of the following persons, in the course of the treatment of that patient for smoking cessation or the management of nicotine dependence:

• a medical practitioner
• a nurse practitioner
• a pharmacist.

The advertising must only include information about the:

• availability and price of the vaping goods
• details necessary for their safe and effective use
• product specifics such as:
  • intended purposes
  • ingredients
  • formulation
  • composition
  • design specifications, or
  • presentation.

The advertisement must not include:

• audiovisual displays, stalls, electronic or hardcopy advertising, banners, pamphlets or samples
• testimonials or endorsements about the vaping goods.

Health campaigns

Advertising is permitted that is, or forms part of, a Commonwealth or State health campaign.

Additional legislative requirements

The information set out in this guidance does not alter responsibilities that an advertiser has under other relevant laws, including but not limited to, the Australian Consumer Law, the Public Health (Tobacco and other products) Act 2023 and state and territory laws regulating the advertising of vaping goods. Health professionals must also comply with the requirements of the Health Practitioner Regulation National Law.