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

Product | PMI Introduces VEEV inPrime, Bringing an Induction Vaporization Platform to the Next Generation of the VEEV Portfolio
Product | PMI Introduces VEEV inPrime, Bringing an Induction Vaporization Platform to the Next Generation of the VEEV Portfolio
Philip Morris International (PMI) has introduced VEEV inPrime, the next-generation closed-system vape platform featuring the new AdvanceVape Induction System™. Alongside the new induction platform, PMI has redesigned the pods, e-liquid formulations and user interaction experience. According to PMI and official IQOS websites, VEEV inPrime began a phased European rollout between May and June 2026, with products now available in Greece, Estonia, the United Kingdom and Italy.
Jul.14
French Vape Distributor Kumulus Vape Yields About 3% as Earnings Growth Stalls
French Vape Distributor Kumulus Vape Yields About 3% as Earnings Growth Stalls
Listed French vape distributor Kumulus Vape will trade ex-dividend on June 26, 2026, and pay an annual dividend of €0.10 per share on June 30, with Simply Wall St saying the payout is covered by profit and free cash flow, while weak earnings growth remains a concern.
Industry InsightMarketNews
Jun.24
Special Report|U.S.-Facing Retailer Lists RELX Creator Pro 15K: A Chinese Brand Signal Under FDA’s Lower-Priority Enforcement Window
Special Report|U.S.-Facing Retailer Lists RELX Creator Pro 15K: A Chinese Brand Signal Under FDA’s Lower-Priority Enforcement Window
Vapesourcing has listed RELX Creator Pro 15K as “Coming Soon” with U.S. warehouse shipping options; while the page does not show that RELX has entered the U.S. market through official channels or that the product has received FDA authorization, the listing suggests that Chinese brand-led ENDS products are becoming a new point of observation as the U.S. market reassesses regulatory risk following the FDA’s updated enforcement-priority policy.
Industry Insight
Jun.11
Illicit Vape and Nicotine Pouch Seizures Concentrated in UK Hotspots, New Data Shows
Illicit Vape and Nicotine Pouch Seizures Concentrated in UK Hotspots, New Data Shows
Freedom of Information (FOI) data from the UK shows that more than 3,000 seizures of illegal nicotine products were recorded in the 2024/25 financial year, with Hull, Liverpool and Bolton emerging as the most active enforcement hotspots — highlighting that the problem of illicit vapes, nicotine pouches and smokeless tobacco products persists across many parts of the country.
Jun.16
UK Vaping Products Duty to Raise £565 Million by 2030/31
UK Vaping Products Duty to Raise £565 Million by 2030/31
The UK will introduce Vaping Products Duty on all vaping liquids from October 1, 2026, with government revenue forecast to rise from £135 million in 2026/27 to £565 million by 2030/31.
Jun.18
BAT Estimates U.S. Unauthorized Vape Market at $9.4 Billion, Plans New Vuse and Velo Launches After FDA Enforcement Shift
BAT Estimates U.S. Unauthorized Vape Market at $9.4 Billion, Plans New Vuse and Velo Launches After FDA Enforcement Shift
British American Tobacco (BAT) CEO Tadeu Marroco said the U.S. unauthorized vape market is worth about £7 billion, or US$9.43 billion. Following a shift in FDA enforcement policy, BAT plans to launch flavored Vuse products in the third quarter and an updated Velo pouch in August or September.
Jun.15