Page 1 of 148 1231151101 ... LastLast
Results 1 to 10 of 1476
Like Tree94Likes

Thread: HeavenlyVapours Court Loss Results In Total Ban of All E-Cig Model Sales In WA

  1. #1
    Member
    Join Date
    Nov 2013
    Posts
    36

    HeavenlyVapours Court Loss Results In Total Ban of All E-Cig Model Sales In WA

    Hi guys,

    I'm new to the forum but felt compelled to post this terrible news.

    I am one of the owners of an E-Cig company www.HeavenlyVapours.com. (The website is currently down as we are removing our payment gateway while we review our legal position)

    The company was founded several years ago, we sold Ego-T and 510-T models at the time. After the business had been running for almost a year and was doing very well (rating on the first page of Google results etc) we suddenly got raided by the Health Department. They arrived at my house in 3 black SUV's and proceeded to execute a search warrant. They searched through my house and proceeded to load all of the hardware I had into several black garbage bags. The search and seizure went on for about an hour and half before they decided they had found and taken enough. They also took photos etc. The whole process was pretty invasive and surreal. They alleged at the time that I and my company had breached section 106a of the Tobacco Products Control Act 2006.

    See link below for description of 106a
    TOBACCO PRODUCTS CONTROL ACT 2006 - SECT 106

    Applicable penalty description below
    TOBACCO PRODUCTS CONTROL ACT 2006 - SECT 115

    Once they had gone I contacted a lawyer and was advised to not make any comments to the health department as was my legal right.

    The whole process wound on for literally 2 years before actually going to court. During this time there was incredible uncertainty regarding whether we could continue to trade. In the event it was found we had indeed breached section 106a then continuing to trade could compound the penalty we would face (first offense $10,000 subsequent offences $20,000).

    During this time an array of competing companies sprung up selling the exact same products and a range of others through various mediums - websites, retail stalls at markets, shopping centres etc and none of these companies to my knowledge were ever raided or had their products seized. It was hard to understand, here we were a small business trying to do something good for the community. Trying to help people move away from an expensive health destroying habit and the "Health" Department decides to single us out. We had poured all of our savings into the business, at the time of the raid we had just purchased around $5000 of stock paid for not with profits but our own money. All of this was lost. In the ensuing period of time we had to find another $20,000 to pay for lawyers to represent us and form a defence.
    On September 11 2013 almost 2 years later we finally had our day in court. The Learned Magistrate J Hawkins reserved her decision to review and weigh the merits of the presented arguments for the defence and prosecution.
    On the 22 October 2013 the written verdict was presented. The summary of which was that HeavenlyVapours was acquitted of the charges.
    A couple of days later the following ridiculous and entirely biased article was published.
    https://au.news.yahoo.com/thewest/li...to-ban-e-cigs/

    At this point we breathed a sigh of relief and re-created our website and began to operate again believing the matter to be at a close.
    We were mistaken, the Health Department or more particularly Bruce Hawkings of the health department a few weeks later lodged an appeal to the Supreme Court. We again got in touch with our current lawyer (Michael Perrella of Perrella Legal) and asked that he represent us in the court of appeals. We now had to pay another $9,000 in legal costs for this representation.
    We appeared in the Supreme Court and we and the prosecution made our various arguments. The Judge J Pritchard adjourned the matter for deliberation. Yesterday on the 10 of April 2014 we were summoned to receive the judgement.
    Judge Prichard found in favour of the Health Department and in her decision expanded her conclusion to determine that in effect any product E-Cig or otherwise that involves a hand to mouth action and results in the expulsion of vapour does in fact resemble a tobacco product and there for falls under section 106a of the Tobacco Products Control Act of 2006.

    What does this mean? Well in short it means any model of E-Cig irrespective of its design is now illegal by case law precedent to be sold from within WA. One can only imagine that the other states may now try to follow suit.
    So what can we do?


    TL;DR - The WA Health Department has successfully made a conviction of an E-Cig supplier in WA for selling hardware against existing legislation. This will set a precedent for all other suppliers in the state making the sale of all E-Cigs illegal.

  2. #2
    Senior Member
    Join Date
    Mar 2014
    Location
    Bellevue Heights, SA
    Posts
    232
    Wow!

    Did this shit just get real?!?!?!?
    Vaping - Where have you been all my life?!?!?!





  3. #3
    Member
    Join Date
    Nov 2013
    Posts
    36
    yes... yes it did :/
    Last edited by HeavenlyVapours_Vince; 12-04-14 at 01:17 AM.

  4. #4
    AVF Regular
    Join Date
    May 2013
    Location
    Adelaide
    Posts
    1,894
    Links from later on in the thread:
    Crowdsourcing: http://www.gofundme.com/8apba8

    -----

    Jesus... sorry to hear that you had to go through that. Insanity.

    I guess I better throw out my "cig-a-likes" or "imitation cigarettes"

    Last edited by inertiacreeping; 17-04-14 at 10:09 AM.
    ---Juice Junkie​---

  5. #5
    Senior Member
    Join Date
    Mar 2014
    Location
    Bellevue Heights, SA
    Posts
    232
    Mo....

    I am concerned that you may be trapped in a cage judging by that photo?
    Vaping - Where have you been all my life?!?!?!





  6. #6
    AVF Regular
    Join Date
    May 2013
    Location
    Adelaide
    Posts
    1,894
    Quote Originally Posted by KrazyVape View Post
    Mo....

    I am concerned that you may be trapped in a cage judging by that photo?
    After reading the OP not sure if I'm in the mood for a witty/humorous reply
    ---Juice Junkie​---

  7. #7
    Senior Member
    Join Date
    Mar 2014
    Location
    Bellevue Heights, SA
    Posts
    232
    SA Acts prohibit

    sale or supply of tobacco to a child under the age
    of 18 years of age

    sale of tobacco products in packets that do not dis-
    play the prescribed health warnings

    sale of cigarettes in packets of less than 20 ciga-
    rettes

    sale of confectionary designed to resemble a
    tobacco product

    tobacco advertising in public places including bill-
    boards, building and cinemas and on objects such
    as carry bags

    offering tobacco as a gift or free sample to mem-
    bers of the public

    sale of tobacco products from vending machines
    except on licensed premises

    smoking in enclosed public eating areas (with some
    exemptions).
    Vaping - Where have you been all my life?!?!?!





  8. #8
    Senior Member
    Join Date
    Aug 2013
    Location
    Sydney 2230
    Posts
    543
    Well that sucks.
    Sorry to say but you got bent over and reemed violently by that so called group that are meant to be helping people.
    Go fcuk yourself WA CC
    Last edited by Mark B; 12-04-14 at 01:47 AM.

  9. #9
    AVF Regular
    Join Date
    Oct 2011
    Location
    Hobart Tasmania
    Posts
    5,658
    Wow
    Unbelievable
    Thank you for sharing this with us -no doubt a lot of discussion will take place on here

  10. #10
    AVF Regular
    Join Date
    Mar 2013
    Location
    Perth
    Posts
    5,952
    That's a very sad, and very infuriating story Vince. I'm really sorry.

    There was a very long and angry thread here a few months ago triggered by the news article you posted above. Have you read it?

    Cancer Council wants WA's tobacco laws changed to specifically ban ecigs

    We really need to rally some serious opposition to fight this absolute injustice.

 

 
Page 1 of 148 1231151101 ... LastLast

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Powered by vBulletin® Version 4.2.4
Copyright © 2019 vBulletin Solutions, Inc. All rights reserved.
Search Engine Friendly URLs by vBSEO 3.6.0
All times are GMT +11. The time now is 07:44 AM.