The Illegal Sale of Nicotine E-Cigarettes in Australia

Regulations by 2FIRSTS.ai
Jan.10.2024
The Illegal Sale of Nicotine E-Cigarettes in Australia
Australia's ban on the sale of e-cigarettes containing nicotine is being openly ignored by shops in Sydney, according to the Health Ministry.

According to a report by the Daily Mail in Australia, the Ministry of Health has discovered that shops in the country's largest city openly defy the government's new ban and continue to sell nicotine e-cigarette products. The ban, which came into effect on January 1st, prohibits the import of disposable e-cigarettes and retailers are prohibited from selling e-cigarettes containing nicotine. The Minister of Health, Mark Butler, hailed this reform as "world-leading" and emphasized that "if you smoke e-cigarettes, the New Year's resolution is to quit." However, Butler's efforts seem to have gone up in smoke as they are being blatantly disregarded by various specialty stores and convenience stores.

 

At the trendy King Street in Newtown, Sydney, the Daily Mail has uncovered at least 20 independent and chain stores openly selling illegal nicotine e-cigarettes, illicit cigarettes, and other smoking devices. In some stores, reporters were presented with a plastic folder displaying dozens of different models and flavors for customers to choose from. These flavors include apple, blueberry, watermelon, and ice mango, despite the ban by the Butler government, indicating their nicotine content. The packaging of these products features bright colors and lively designs, making e-cigarettes resemble candies for children rather than nicotine products. Prices vary from $25 to $50 depending on the amount of inhalation capacity the e-cigarette possesses.

 

The process of purchasing these prohibited products is no different from buying legal goods. There is no identity verification to confirm age, and there are no secret whispers – just a straightforward credit card transaction in exchange for these banned items. Brian Marlow, the director supporting the legalization of e-cigarettes in Australia, revealed in an interview with the Daily Mail that this demonstrates the government's efforts to regulate e-cigarettes have been ineffective.

 

He stated, "The interesting aspect of this ban is that disposable e-cigarettes have never been legal in Australia and have always been prohibited."

 

He also mentioned that in 2021, the Morrison government banned any Australians from purchasing or importing nicotine e-cigarettes or e-cigarettes without a doctor's prescription. This aligns the import requirements with the regulations in Australian state and territorial laws that prohibit the sale of nicotine e-cigarettes.

 

However, many retailers and manufacturers are attempting to circumvent this regulation by falsely claiming that their products do not contain nicotine. Under the new ban, retailers are permitted to sell non-nicotine inventory imported prior to this year.

 

Starting from March 1st, the importation of all non-therapeutic e-cigarettes, as well as personal use e-cigarettes, will be prohibited. To comply with the changes in import regulations, a new access mechanism will be established, allowing doctors and nurses to prescribe therapeutic e-cigarettes in appropriate cases. Mr. Malo stated that these bans only permit retailers to charge higher prices for e-cigarettes due to the increased risks associated with importation and sales.

 

He also stated that criminal gangs which import e-cigarettes from China and sell them to retailers can increase their profits. He stated, "Over 90% of e-cigarettes sold in Australia are from the black market."

 

For over a million e-cigarette users in Australia, what you see is a multi-billion-dollar industry that the federal government has no concrete plans to legalize. He says, "We are the only country in the world facing such a serious issue.

 

Mr. Malo also stated that these addictive e-cigarettes, such as IGET, are manufactured in China but are banned and rarely used by residents there. He said, "But here, we are enthusiastic about using it, with no problem exporting it to Australia. Due to our lack of proper market regulation, people are willing to break the law and face criminal charges. They are willing to sell to children. We allow criminals to act." Malo said that market restrictions, product standards, retailer licenses, and heavy fines for selling to minors will help eliminate the black market.

 

Marlowe has suggested that Australia should follow the lead of New Zealand, the UK, and other parts of the world in regulating e-cigarettes. He stated, "Allow the sale of high-quality e-cigarettes and subject them to the same regulations as other adult-only products, such as alcoholic beverages."

 

By engaging in such actions, adults would be able to access safer products with higher nicotine levels than those potentially found in illicit disposable items in China.

 

This will also counter the rampant black market of e-cigarettes created by the government." However, Professor Simon Chapman, a public health expert at the University of Sydney, argues that strict regulations are necessary for e-cigarettes and opposes labeling reform as a 'ban'. He told the media, "E-cigarettes are not banned, they should just always be heavily regulated. Anyone claiming that e-cigarettes are banned may also believe that every prescription drug made in Australia is similarly banned."

 

The government is currently cracking down on the increased access to e-cigarettes by minors and the reasons why new non-smokers are starting to use nicotine e-cigarettes. Mr. Butler stated in his speech at the National Press Club in May 2023, "E-cigarettes are not recreational products, especially not for our children. This is the reality of e-cigarettes today.

 

Butler criticized the former coalition government, stating that while they established regulations for the import of e-cigarettes and sought legal prescriptions for smokers, they failed to strictly enforce these measures, thereby creating the perfect conditions for the rampant illegal market.

 

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

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
New Zealand Associate Health Minister Casey Costello Warns on Illicit Cigarettes as Legal Tobacco Sales Halve Over Decade
New Zealand Associate Health Minister Casey Costello Warns on Illicit Cigarettes as Legal Tobacco Sales Halve Over Decade
New Zealand Associate Health Minister Casey Costello said legal tobacco sales in the country have fallen by more than half over the past decade, with sales declining more than 20% in 2025 compared with the previous year. She warned that the decline may not fully reflect lower smoking rates, as increased availability of illicit cigarettes could also be contributing. The government said it would continue strengthening tobacco and vape retail enforcement while monitoring the impact of illicit tobacco on public health and tax revenue.
Aug.26
Ohio Supreme Court Weighs Whether State Consumer Law Can Restrict Flavored Vape Sales
Ohio Supreme Court Weighs Whether State Consumer Law Can Restrict Flavored Vape Sales
The Ohio Supreme Court is hearing a case involving flavored vape sales and whether state authorities can use consumer protection laws to take action against retailers selling unauthorized vape products. Ohio officials argue that selling unauthorized flavored vapes may constitute consumer deception, while retailers argue that tobacco product regulation falls under federal Food and Drug Administration (FDA) authority and that states cannot impose additional restrictions through consumer laws. The case could affect the scope of state-level vape regulation across the United States.
Aug.06
Special Report|AIR H1 Revenue Rises 3.7% as Shisha Volumes Fall 9%, Testing Its Shift Beyond Traditional Hookah
Special Report|AIR H1 Revenue Rises 3.7% as Shisha Volumes Fall 9%, Testing Its Shift Beyond Traditional Hookah
AIR’s first half-year results as a listed company offer a new test of how far a traditional hookah business can transform. H1 2026 revenue rose 3.7%, even as Flavored Shisha Molasses shipments fell 9%, with pricing and mix supporting growth. Traditional shisha still generates almost all revenue, while OOKA, Crown Switch, Greentank and U.S. regulatory spending point to accelerating diversification. The next test is whether those investments can become a second business of meaningful scale and profitability.
Capital Markets
Aug.21
Philip Morris Romania Executive on Smoke-Free Strategy: How IQOS Spaces Are Moving Beyond Retail to Consumer Connection
Philip Morris Romania Executive on Smoke-Free Strategy: How IQOS Spaces Are Moving Beyond Retail to Consumer Connection
In an interview with Romanian marketing publication IQads, Marek Gębski, Director of Smoke-Free Products at Philip Morris Romania, said IQOS experience spaces are evolving from traditional retail locations into platforms for consumer engagement and brand connection. Through locations such as IQOS Boutique Victoriei, PMI aims to use design, culture and consumer experiences to strengthen communication with adult consumers about smoke-free products. The interview highlights how tobacco companies are expanding smoke-free strategies beyond products toward experiential marketing and consumer relationships.
Aug.11
2Firsts On-Site | PMI Brings IQOS, ZYN, VEEV and Marlboro Together at Its “Boulevard” at InterTabac 2026
2Firsts On-Site | PMI Brings IQOS, ZYN, VEEV and Marlboro Together at Its “Boulevard” at InterTabac 2026
At InterTabac 2026 in Dortmund, PMI is presenting multiple brands and products along “The PMI Boulevard,” including IQOS, ZYN, VEEV and Marlboro. On-site images captured by 2Firsts show dedicated spaces including the IQOS Boutique, ZYN Café, PMI Gallery and Marlboro Office
Market
Sep.16 by 2Firsts Perspectives