The Australian Department of Health has appealed an online e-cigarette retailer to the Federal Court, alleging that the company has violated drug laws by selling nicotine products to Australians without prescriptions. This report was compiled by 2FIRSTS from New Daily.
According to court documents seen by the publication NEW DAILY, businessman Amir Kandakji, who was based in New South Wales and was the owner of the now-defunct Vaporkings.com.au, allegedly put Australians at risk of nicotine addiction and failed to ensure that his customers were not minors.
The recent warning against nicotine e-cigarettes from Australia's Federal Chief Medical Officer, Paul Kelly, and New South Wales Chief Health Officer, Kerry Chant, is the latest blow to the flourishing e-cigarette industry in the country.
The federal government's attorneys have claimed that Vapor Kings violated federal law by promoting and selling electronic cigarettes and e-cigarette oils on both local and international websites. The lawyers argue that the company is selling outside the control of appropriate regulatory bodies, such as a doctor's prescription. The department stated in court documents, "Tobacco use is a significant public health issue in Australia. Therefore, promoting NVP [nicotine vaping products] to those who do not need these products for smoking cessation could add to the overall public health burden.
The government is seeking an injunction against Vapor Kings, which has already closed its website, as well as further penalties for alleged violations of the Therapeutic Goods Act.
According to current law, it is illegal for companies to advertise or sell nicotine electronic cigarette products to Australians without a prescription. However, some companies are attempting to circumvent these rules by opening online stores in countries where e-cigarettes are legal and importing the products into Australia. The government alleges that Vapor Kings is one such company, achieving this through the use of a UK-based alternative URL embedded in its Australian website.
The government lawyer also claimed that the company did not check whether its customers were adults. The lawyer stated, "No meaningful steps were taken to prevent the purchase and abuse of NVPs advertised through the website, which were clearly sold for entertainment purposes, including to children.
This is the latest example of regulatory crackdowns on e-cigarette products in countries including Australia and the United States, as concerns grow over increasing numbers of people – particularly children – becoming addicted to nicotine. As previously reported by The New Daily, the federal government is driving a public health campaign on the health risks of e-cigarettes. Meanwhile, the New South Wales health department has pledged to crack down on companies advertising and selling such products illegally.
Advocates believe that electronic cigarettes are less harmful than traditional cigarettes, which are legal and widely available in Australia. However, in the case against Vapor Kings, government lawyers argued that evidence of e-cigarettes as a means to help smokers quit is "mixed." Lawyers stated that "in some cases, NVP users subsequently initiate tobacco product use, such as tobacco combustible cigarettes." "If this occurs, users will face serious adverse health effects.
The New Daily attempted to contact Mr. Kandakji and Vapor Kings regarding this incident on multiple occasions, but was unsuccessful in reaching them.
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