Australian Therapeutic Goods Administration Responds to 2Firsts: Monitoring E-Cigarette Ads with Penalties Up to AUD 20M

Regulations by 2FIRSTS, edited by Sophia Lv
Sep.09.2024
Australian Therapeutic Goods Administration Responds to 2Firsts: Monitoring E-Cigarette Ads with Penalties Up to AUD 20M
Australia's TGA investigates Chinese freight company Huawell Trade exporting e-cigarettes to Australia, potentially violating local regulations.

Previously, the Australian Therapeutic Goods Administration (TGA) conducted an investigation into the Chinese freight forwarding company Huawell Trade Export Shipping. The company was accused of promoting and transporting e-cigarettes to Australia on social media, potentially violating local regulations (Chinese freight forwarding company suspected of illegally transporting e-cigarettes, Australian drug administration agency intervenes in investigation).

 

In response, 2Firsts immediately contacted the TGA to obtain more information.

 

In response to questions about 2Firsts, the TGA did not disclose details of the follow-up investigation into Huawell Trade Export Shipping, but emphasized that they are strengthening monitoring of e-cigarette advertising and have established clear penalty standards.

 

The following is the translated response from the TGA: Thank you for your inquiry. We appreciate your interest in our services. Our team is currently reviewing your request and will get back to you as soon as possible with further information. Thank you for your patience.

 

Advertising of e-cigarette products is prohibited unless expressly permitted by the authorization of therapeutic products (2024 e-cigarette product advertising).

 

Advertising of e-cigarette products to the public is prohibited. Only in very limited circumstances are advertisements allowed for notified therapeutic e-cigarette products.

 

The Therapeutic Goods Administration (TGA) is monitoring advertisements for e-cigarettes and will take action against any illegal promotion of e-cigarette products.

 

The Therapeutic Goods Administration's enforcement actions against illegal advertising may result in significant fines or the initiation of criminal prosecution or civil penalty proceedings, with the amount of penalties depending on the misconduct.

 

The maximum civil penalties for each violation are proposed as follows: Individuals face a maximum fine of 7,000 penalty units (approximately 2.19 million Australian dollars), while companies face a maximum fine of 70,000 penalty units (approximately 21.91 million Australian dollars).

 

The following is the original email:

 

The TGA does not comment on individual matters including whether they may be subject to investigation or compliance and enforcement activities.

·       The advertising of vaping goods is banned, unless expressly permitted by the Therapeutic Goods (Vaping Goods – Advertising) Authorisation 2024.

o  The are no permissions to advertise vaping goods to the public.

o  An authorisation to advertise notified therapeutic vaping goods is only permitted in very limited circumstances.

·       Advertising of vapes is being monitored by the TGA and action will be taken against the unlawful promotion of vaping goods.

·       TGA enforcement action against unlawful advertising may result in the issue of significant fines or the commencement of criminal prosecution or civil penalty proceedings. The amount of the penalties depends on the conduct.

o  The maximum civil penalty per contravention is proposed to be 7,000 penalty units ($2.191 million) for an individual and 70,000 penalty units ($21.91 million) for a corporation.

 

 

Previously, in response to the investigation, 2Firsts communicated with Tang Shunliang, a partner at Tianyuan Law Firm who has many years of experience in the tobacco industry, regarding industry compliance and legal risk issues (Lawyer's interpretation | Chinese freight forwarder under investigation by Australia TGA, exporters may face dual domestic and foreign risks). As the investigation progresses, 2Firsts continues to monitor the developments of the event and provide the latest information in a timely manner.

 

Further reading: Compilation of 2Firsts connecting with global regulatory agencies

 

United States Food and Drug Administration (FDA)

 

FDA Interview: Over 50,000 Compliance Inspections of Tobacco Product Retailers in Past 8 Months, Over Half Reported Using ELFBAR

 

British Medicines and Healthcare products Regulatory Agency (MHRA)

 

Philip Morris International's e-cigarette has not been registered with the Medicines and Healthcare products Regulatory Agency (MHRA) in the UK. The MHRA has responded that they will be conducting an investigation.

 

Australia's Therapeutic Goods Administration (TGA)

 

The Australian Therapeutic Goods Administration (TGA) has responded to two items listed as containing illegal ingredients on the HQD, IGET, and Gunnpod. Distributors may face lawsuits.

 

Spanish Ministry of Health

 

The Spanish Ministry of Health granted a exclusive interview to 2FIRSTS: The Comprehensive Anti-Tobacco Plan will be implemented in the first half of 2024, but there are no plans to restrict e-cigarette flavors in the near future.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Ukraine Raises Excise Stamp Fees for Tobacco, Heated Tobacco and Vape Liquids by 30.5% as Parliament Backs E-Excise Delay to 2027
Ukraine Raises Excise Stamp Fees for Tobacco, Heated Tobacco and Vape Liquids by 30.5% as Parliament Backs E-Excise Delay to 2027
Ukraine's Cabinet of Ministers adopted Resolution No. 1259 on October 15, 2026, increasing excise stamp production fees for tobacco products and e-cigarette liquids by approximately 30.5%, from UAH 0.1643 to UAH 0.2144 per stamp. Fees for alcoholic beverages rose by about 30.2%. Separately, Ukraine's parliament passed Bill No. 15532 on October 13, proposing to postpone the full implementation of electronic excise stamps and traceability for alcohol, tobacco and e-cigarette liquids from November 1, 2026, to July 1, 2027. Parliament cited additional testing, configuration and integration requirements. The bill was sent to the president for signature on October 19.
Regulations
Oct.21
UK-Listed Consumer Goods Group Supreme Sees Vape Duty as Potential Consolidation Opportunity, Holds FY27 Outlook
UK-Listed Consumer Goods Group Supreme Sees Vape Duty as Potential Consolidation Opportunity, Holds FY27 Outlook
UK-listed consumer goods group Supreme plc says it continues to expect FY27 trading to meet market expectations as the Vaping Products Duty takes effect on October 1, while maintaining a comparatively positive view of the new tax and compliance regime. Supreme has said the framework could increase compliance complexity for smaller operators and contribute to market consolidation, while its manufacturing, compliance and distribution scale may allow it to gain share. Its 88Vape brand will retain its value positioning.
Sep.18
South Korea Imports 12,126 Kg of Nicotine Analogues From April to August After Bringing Synthetic Nicotine Under Tobacco Law
South Korea Imports 12,126 Kg of Nicotine Analogues From April to August After Bringing Synthetic Nicotine Under Tobacco Law
South Korea's liquid-vape market is showing changes across raw-material imports, product types and sales channels after synthetic nicotine came under the Tobacco Business Act on April 24. Customs data show nicotine-analogue imports totaled 12,126 kilograms from April through August, while synthetic-nicotine imports over the same five months totaled 231,663 kilograms, just 39.3% of the amount imported in March alone. Physical liquid-vape stores tracked in Seoul and Gyeonggi Province fell 9.9%, unmanned outlets edged higher and online sales listings increased from 27,774 to 42,437. Government testing of 105 liquid inhalation products promoted as nicotine-free separately found nicotine in 13 and 6-methylnicotine in 12.
Sep.22
PMI Launches Fourth IQOS Convenience-Store Discount of 2026 for Black Friday in Japan, Cutting ILUMA i ONE to About $19 After Ploom AURA Fell to About $9
PMI Launches Fourth IQOS Convenience-Store Discount of 2026 for Black Friday in Japan, Cutting ILUMA i ONE to About $19 After Ploom AURA Fell to About $9
Philip Morris Japan launched its fourth confirmed nationwide convenience-store discount campaign for IQOS ILUMA i devices in 2026 on October 26, cutting three models by as much as ¥2,000, or about $12.70. The campaign began one day after JT ended a promotion that reduced Ploom AURA to ¥1,480, or about $9.40. JT says Ploom's share of Japan's heated-products category rose from 10.9% in January 2024 to 18.3% in June 2026, a gain of 7.4 percentage points, while PMI says IQOS still held about 68% category share in the third quarter. At the same time, Japan's two-stage heated-tobacco tax adjustment has pushed stick prices higher, leaving device discounts as an increasingly important tool for lowering the upfront cost of customer acquisition.
Market
Oct.28
FDA Appoints Former Tobacco Enforcement Deputy Jessica Zeller as Director as Agency Weighs PMTA Framework Changes
FDA Appoints Former Tobacco Enforcement Deputy Jessica Zeller as Director as Agency Weighs PMTA Framework Changes
The U.S. Food and Drug Administration (FDA) has named Jessica Zeller director of the Center for Tobacco Products' (CTP) Office of Compliance and Enforcement (OCE), effective November 1, 2026. Zeller, the office's inaugural deputy director, returns from medical device manufacturer Edwards Lifesciences with more than 20 years of regulatory and legal experience. The appointment follows CTP leadership changes and adjustments to tobacco regulation. Bret Koplow became permanent CTP director in September; the FDA revised enforcement priorities for unauthorized e-cigarettes and nicotine pouches in May and announced faster PMTA review procedures. On September 28, the agency said it would evaluate changes to the existing PMTA regulatory framework, including potential rulemaking to replace it.
FDA
Oct.20 by 2Firsts Perspectives
NAS 2026 | Cliff Douglas: Risk Continuum Should Play a Central Role in Tobacco Policy
NAS 2026 | Cliff Douglas: Risk Continuum Should Play a Central Role in Tobacco Policy
Cliff Douglas, a veteran U.S. tobacco-control and public health policy figure, told NAS 2026 that the “continuum of risk” should play a central role in tobacco policy. He called for clearer market pathways, stronger risk communication, differentiated regulation and enforcement, and said possible FDA reforms to PMTA reviews could be a “welcome correction” if they create a more efficient, predictable route for scientifically substantiated lower-risk products. Read 2Firsts’ on-site coverage.
Sep.26