Online vape store fined for unlawful advertising

Ashley Regan
By Ashley Regan | 22 January 2024
 
Romain B via Unsplash

The Therapeutic Goods Administration (TGA) has issued a fine of $157,752 to online store Victory Vape for alleged unlawful advertising of nicotine vapes.

The company received six infringement notices totalling $112,680 and the two directors six notices each totalling $45,072.

These infringement notices follow similar TGA action where $588,840 in fines were issued to a group of companies for the alleged unlawful import of nicotine vapes that contained prohibited ingredients and did not comply with the relevant standard.

Nicotine vapes are prescription-only medicines which cannot be advertised to the public.

Advertising of nicotine vapes is a breach of the Therapeutic Goods Act 1989 for which serious penalties can apply including fines and civil or criminal court action.

The federal government announced reforms to progressively ban all vapes in 2024, unless they are therapeutic vapes that comply with the Therapeutic Goods Act 1989. 

Stronger controls on the importation, domestic manufacture, supply, advertising and commercial possession of therapeutic vapes will be implemented. Therapeutic vapes will only be available from people authorised to supply prescription medicines under state and territory laws, such as in pharmacies, and must meet new product standards, amongst other requirements.

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