Australia's TGA Issues Infringement Notice for Nicotine E-Cigarette Promotion

Aug.03.2022
The TGA has issued a $2664 infringement notice to an individual in NSW for promoting and selling nicotine e-cigarettes without proper registration.

The Australian Therapeutic Goods Administration (TGA) has issued a $2664 infringement notice to an individual in New South Wales for allegedly promoting and selling nicotine e-cigarette products on their website.


Despite being informed of the relevant laws, this individual continued to promote nicotine e-cigarette products to the public. In Australia, these products are considered prescription drugs and can only be obtained through a valid prescription from a registered Australian doctor. Advertising to the public is only allowed under the conditions of the 2021 Therapeutic Goods (Restriction and Prohibition of Nicotine) Advertising Code (No. 2).


The law focuses on the importation, manufacture, advertisement, and supply of nicotine e-cigarette products. It aims to balance the need to prevent youth and young adults from using nicotine e-cigarettes (and potentially developing a smoking habit) while providing support for current smokers to access appropriate medical means to quit smoking.


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Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

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