It is well understood that, in Australia, it is illegal to display, advertise, promote otherwise encourage the use of cigarettes and tobacco. The penalties are extensive and serious. What is not as well understood, is how this prohibition applies to e-Cigarettes or Vapes. All retailers should take time to clearly understand the requirements and restrictions that apply in their State to avoid breaching these public health laws and incurring the associated fines.

Tobacco products must be plain packaged, hidden from view, sold only to persons over the age of 18y and not promoted or advertised in any way. This is clear and well understood.

When it comes to e-Cigarettes or Vapes, it is less clear…there is a myth that as long as it does not have nicotine in it a Vape is just like any electronic item. That 0% nicotine means 100% ok to display.

Nicotine containing e-cigarettes are currently illegal to sell in every State and Territory (see; https://acapmag.com.au/2020/12/govt-curtails-nicotine-use-in-e-cigarettes/ for more). So the display, sale, advertising or promotion of them amounts to a crime.

0% or nicotine free e-cigarettes are actually legal to sell in every State and Territory. But contrary to the myth, in the places where it is legal to sell 0% e-cigarettes, they are treated as a tobacco product and are subject to the same display, age and other restrictions of all tobacco products.

0% e-Cigarette retailing recap;

Penalties start at $55,000 for an individual and $110,000 for a business and range up to $1m, so it is vital that retailers understand the requirements, and ensure that they comply with them

ACAPMA

SHARE THIS ARTICLE: