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

French Lawmakers Move to Extend Plain Packaging Rules to Vaping Product
French Lawmakers Move to Extend Plain Packaging Rules to Vaping Product
French lawmakers Nicolas Thierry and Pierre Cazenave said on April 15 that they will file a cross-party bill to extend plain packaging requirements to vaping products. Under the proposal, unit packs and outer packaging for vaping products, including those without nicotine, would become neutral and standardized in the same way cigarette packs have been since 2017.
Apr.16 by 2FIRSTS.ai
PMI Sells Stake in Swedish Match Brazil Business, Including Fiat Lux Brand
PMI Sells Stake in Swedish Match Brazil Business, Including Fiat Lux Brand
Philip Morris International said it is selling its stake in Swedish Match do Brasil, which controls the Brazilian household goods brand Fiat Lux. The buyer is Ignis FIP, a Brazilian private investment vehicle backed by businessman Marcos Fernando Garms. The transaction also includes Swedish Match da Amazônia, but the value of the deal was not disclosed. PMI said the sale is aligned with its vision of a smoke-free future.
Mar.20 by 2FIRSTS.ai
Australian Border Force Deputy Commissioner Meets China Tobacco Regulator as Illicit Tobacco Enforcement Intensifies
Australian Border Force Deputy Commissioner Meets China Tobacco Regulator as Illicit Tobacco Enforcement Intensifies
ABF Deputy Commissioner Tim Fitzgerald visited Beijing for talks with China’s STMA. The meeting follows several exchanges between Australian enforcement agencies and China’s tobacco regulator in recent years. The discussions come as Australia intensifies efforts to combat illicit tobacco and vaping products, including large seizures at the border, while the country’s strict tobacco and vape policies continue to spark debate over their impact on the growth of black markets.
Mar.09
China’s tobacco regulator names Yao Laiying as top leader
China’s tobacco regulator names Yao Laiying as top leader
China’s tobacco regulator has undergone a top leadership change, according to an official announcement on March 20.
Mar.20
JTI Korea Introduces Ploom AURA With Four Heating Modes and Four Device Colors
JTI Korea Introduces Ploom AURA With Four Heating Modes and Four Device Colors
JTI Korea announced that its next-generation heated tobacco device Ploom AURA will officially launch in South Korea on April 14. The company held a media event on March 31 at the Fairmont Ambassador Seoul Hotel to unveil the product in Korea for the first time.
Apr.01 by 2FIRSTS.ai
KT&G Launches “Miix Cigar Collection” for lil Hybrid at Convenience Stores Nationwide
KT&G Launches “Miix Cigar Collection” for lil Hybrid at Convenience Stores Nationwide
KT&G said on April 15 that it will launch “Miix Cigar Collection,” a dedicated stick for its lil Hybrid heated tobacco product, at convenience stores nationwide in South Korea. The company said the product is the first in the Miix series to apply a “Balance Filter” with internal space in the filter and contains 18% cigar leaf to deliver cigar flavor. With the new launch, the Miix lineup for lil Hybrid will expand to 16 products.
Apr.15 by 2FIRSTS.ai