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 | Japan Tobacco Expands Nordic Spirit Nicotine Pouch Range to Eight SKUs in Japan, Launches Melon Variant and Broadens Mint Retail Distribution
Product | Japan Tobacco Expands Nordic Spirit Nicotine Pouch Range to Eight SKUs in Japan, Launches Melon Variant and Broadens Mint Retail Distribution
Japan Tobacco Inc. (JT) launched Nordic Spirit Rich Melon Medium through selected tobacco retailers in Japan on November 2, 2026, while expanding physical retail distribution for three existing mint products previously sold through the CLUB JT online store. The melon launch brings Nordic Spirit's Japanese portfolio to eight SKUs. All four products are manufactured in Sweden, contain a standard 14 pouches per can and retail for ¥500 including tax. Since introducing Nordic Spirit in Japan in March, JT has expanded the brand's product lineup and distribution through its online store, convenience stores and selected tobacco retailers.
product
Nov.04
PMI Pushes Smoke-Free Business in Latin America as Argentina Lifts Heated Tobacco Ban, Mexico City Share Tops 7%
PMI Pushes Smoke-Free Business in Latin America as Argentina Lifts Heated Tobacco Ban, Mexico City Share Tops 7%
Philip Morris International (PMI) showcased IQOS heated tobacco systems and nicotine pouch products at Technovation 2026 in Buenos Aires on October 7–8, presenting research on consumer attitudes, regulatory developments and illicit cigarette trade across Latin America. PMI Chief Global Growth Officer Stefano Volpetti said smoke-free products accounted for more than 7% of the Mexico City market. Argentina repealed its heated tobacco ban in May 2026 and introduced registration requirements for tobacco and nicotine products, while local media reported nicotine pouch sales in Mendoza. A PMI-commissioned survey found that only 8% of respondents across four Latin American countries were familiar with nicotine pouches. A separate KPMG study estimated illicit cigarette consumption at 77 billion sticks across 11 markets in Latin America and Canada in 2025.
PMI
Oct.13
South Korea's Tobacco Plan Excludes 6-Methyl Nicotine as Customs Tightens Import Controls and Analog Liquid Imports Fall 83%
South Korea's Tobacco Plan Excludes 6-Methyl Nicotine as Customs Tightens Import Controls and Analog Liquid Imports Fall 83%
South Korea's government unveiled its first Tobacco Harm Management Basic Plan for 2027–2031 on October 29, 2026, proposing broader testing of vaping and heated tobacco products while excluding nicotine analogs such as 6-methyl nicotine. Synthetic nicotine came under tobacco regulation on April 24, and a June investigation found 6-methyl nicotine in 12 liquid inhalation products marketed as nicotine-free. Customs data released in September showed that imports of nicotine analog solutions fell 83.3%, from 12 metric tons in January–April to 2 metric tons in May–August. By September 20, imports had reached approximately 15 metric tons for the year, with 99.99% originating from China. Customs authorities have tightened pre-clearance testing and supply-chain documentation requirements, while the MFDS expects to complete its assessment of nicotine analog hazards by the end of 2026.
Regulations
Nov.04
Inside Nicotine-Pouch M&A Through Imperial's Yoik Deal: Latham, KPMG, PwC, Goldman Sachs and Morgan Stanley Form the Adviser Lineup
Inside Nicotine-Pouch M&A Through Imperial's Yoik Deal: Latham, KPMG, PwC, Goldman Sachs and Morgan Stanley Form the Adviser Lineup
Imperial Brands' acquisition of Swedish Helwit owner Yoik Group AB has highlighted the professional-services firms supporting cross-border oral nicotine M&A. Latham & Watkins and KPMG advised Imperial, while PwC and TM & Partners advised Yoik. KPMG also appeared on Imperial's acquisition of Black Buffalo earlier in 2026, while PwC played an extensive role in KT&G's acquisition of Swedish nicotine-pouch company Another Snus Factory. Imperial's public disclosures put the global modern oral nicotine delivery market at approximately £8.8 billion in retail sales and 23.5 billion pouches in 2024
Sep.20
Smoore Seeks to Toss CCELL Price-Fixing Claim as Court Weighs Vertical Distribution Versus Horizontal Conspiracy
Smoore Seeks to Toss CCELL Price-Fixing Claim as Court Weighs Vertical Distribution Versus Horizontal Conspiracy
Smoore and four authorized U.S. CCELL distributors are asking a California federal court to permanently dismiss a core antitrust claim brought by direct purchasers. Plaintiffs allege that Smoore coordinated minimum wholesale prices, customer allocation and limits on price competition among distributors, amounting to a per se unlawful horizontal conspiracy. The defendants say the alleged conduct reflects ordinary vertical relationships between a manufacturer and its distributors. The court previously dismissed a similar claim, and the latest dispute centers on whether the second amended complaint adds sufficient facts to establish a horizontal agreement.
Sep.14
NATO Executive Director David Spross Sees U.S. Vape Regulation Improving, Calls for More PMTA Authorizations and Warns of 2027 State Tax Pressure
NATO Executive Director David Spross Sees U.S. Vape Regulation Improving, Calls for More PMTA Authorizations and Warns of 2027 State Tax Pressure
The National Association of Tobacco Outlets is calling for more FDA marketing authorizations, greater transparency in the PMTA process and continued enforcement against unauthorized e-cigarettes, even as its executive director, David Spross, points to recent regulatory developments as signs of progress. At the state level, excise taxes, flavor restrictions and vapor product directories remain major issues for tobacco retailers. By August 2026, 17 states had enacted laws establishing state-managed e-cigarette directories or similar systems.
Innovation
Sep.29 by 2Firsts Perspectives