Aussiewhip Pty Ltd fined $39,960 for alleged unlawful advertising of disposable nicotine vaping products

17 May 2022

The Therapeutic Goods Administration (TGA) has issued three infringement notices totalling $39,960 to New South Wales based company Aussiewhip Pty Ltd for alleged unlawful advertising of disposable liquid nicotine vaping products (NVPs).

It is alleged that Aussiewhip Pty Ltd unlawfully advertised disposable NVPs on their website. From 1 October 2021, products containing liquid nicotine became prescription-only medicines in the Poisons Standard and must only be dispensed by pharmacies to consumers who hold a valid prescription.

The TGA contacted the company and provided detailed guidance about the requirements for importers, suppliers and advertisers of NVPs. In response, it is alleged that the company shut down the website and reinstated the content on a new website.

The TGA reminds individuals and businesses who may be considering advertising NVPs to the public that penalties for breaches of the Therapeutic Goods Act 1989 may include fines and civil or criminal proceedings.

NVPs purchased unlawfully could be counterfeit or contain undeclared and hazardous active ingredients which can cause serious harm to users. They may also not have the required child safety packaging and could cause poisoning if the liquids are ingested, or the skin or eyes are exposed.

The TGA recently published the results of laboratory testing of 214 available and imported NVPs assessed against the labelling, packaging and ingredient requirements specified in the TGO 110. Concerningly, the results showed that 31% of tested NVPs contained prohibited ingredients and 89% were non-compliant with labelling rules.

Advertising breaches relating to NVPs are a serious matter and the TGA is taking prompt and appropriate action to ensure compliance with the law.

If you suspect non-compliance in relation to therapeutic goods, you can report illegal or questionable practices online to the TGA. The TGA encourages the reporting of suspected non-compliant advertising.