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Thread: NSW SMH 'E-cigarettes' case goes up in smoke ... ' FYI

  1. #1
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    NSW SMH 'E-cigarettes' case goes up in smoke ... ' FYI

    E-cigarettes' case goes up in smoke following landmark ruling in WA court

    Date
    April 20, 2014

    Vaporised: Battery-powered e-cigarettes have been banned in WA. Photo: Reuters

    NSW tobacco laws could be amended to specifically outlaw electronic cigarettes after a landmark legal test case in WA led to the criminal prosecution of an online stockist.

    ''E-cigarettes'', or vaporisers, are battery-powered devices that simulate the effects of smoking by heating a nicotine liquid into vapour, which the user then inhales and exhales.

    It has always been illegal to sell e-cigarette liquids that contain nicotine under Australian law but in a big development last week, the Supreme Court of Western Australia effectively banned e-cigarettes outright in the state, prosecuting a company, called HeavenlyVapours, which had been selling the dispensers and nicotine-free ''e-juice'' through a website.

    The ruling means that anyone over 18 in WA can legally smoke a cigarette containing multiple chemicals and carcinogens, but cannot buy the electronic version which many claim has assisted thousands of smokers to quit worldwide.

    Last week, the owner of HeavenlyVapours, Vince van Heerden, said of the ''case law precedent'' in an online forum: ''One can only imagine that the other states may now try to follow suit.''

    Asked about the case, the NSW Ministry of Health confirmed it was ''continuing to monitor'' the case and was waiting to see ''whether the decision may be appealed.''

    In the meantime, it confirmed more than a dozen Sydney retailers were facing legal action after being caught selling illegal nicotine-laced e-liquids, late last year.

    ''Prosecutions are being considered for breaches of the Poisons and Therapeutic Goods Regulation 2008 and evidence has been collected,'' a Health Department spokesman confirmed.

    Vaporisers range from imitation cigarettes that cost as little as $20, to the Romanian built Wizard Evolved DA20 which sells for $1000.

    In 2011, HeavenlyVapours' premises were raided by the Western Australian Health Department over alleged breaches to section 106a of the Tobacco Products Control Act which prohibits the sale of anything such as food or a toy that mirrors a tobacco product. But in September last year, HeavenlyVapours was acquitted by a magistrate's court which ruled there was insufficient evidence that the e-cigarettes in question looked anything like traditional cigarettes or cigars, pointing out the devices could just as easily resemble a ''fountain pen''.

    But several weeks after the case was dismissed, the WA Health Department lodged an appeal which proved successful last week with the judge determining that any e-cigarette product that involves ''a hand to mouth action'' and results in the ''expulsion of vapour'' does in fact resemble a tobacco product.

    Mr Van Heerden said his legal costs to date were almost $45,000 ''for something no one has ever been charged or prosecuted for before''.

    But he has vowed to fight on. ''Common sense and dozens of studies demonstrate that e-juice consumed through e-juice/personal vaporisers do not contain the many thousands of deadly chemicals traditional tobacco cigarettes do,'' he said online. ''We deserve the right to choose an alternative.''
    Source link: E-cigarettes' case goes up in smoke following landmark ruling in WA court
    Noe, Crisscross, Old Dog and 9 others like this.

  2. #2
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    I was expecting the worst with this article but this quote here is the real money shot

    The ruling means that anyone over 18 in WA can legally smoke a cigarette containing multiple chemicals and carcinogens, but cannot buy the electronic version which many claim has assisted thousands of smokers to quit worldwide.

    Read more: E-cigarettes' case goes up in smoke following landmark ruling in WA court
    lozza 82, Olfella, spud and 3 others like this.

  3. #3
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    When you think about it, it makes the Western Australian government look like a bunch of NOB JOCKEYS! I like that

  4. #4
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    Governments will protect their income streams at all costs. PVs duty and GST. TOBACCO duty, GST and so called exorbitant HEALTH TAX. Which do you think they'll choose?
    Olfella, spud and Christine J like this.

  5. #5
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    As I have said here in other threads, essentially, politicians react to the media, what vapers need is to educate the media; it is amazing how many people (non vapers) are now saying to me, how they saw about ecigs on such and such show and how they are worse than cigarettes.

    With the vast majority of the media following this line, it makes it so much easier for the legal fraternity and governments to outlaw vaping, as the average punter will think it is a good thing, since they are so poisonous.

    There are enough studies etc, that show the benefits of vaping, what is needed is a moderate, articulate voice to do the media rounds and even the scales, with sound arguments.
    Crisscross, spud, lulu68 and 1 others like this.

  6. #6
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    Eamonn Duff. SMH.




    ETA: Disclaimer: This is my personal opinion. Which I'm bloody well entitled to. Shove it up your arse if you don't like it.
    Last edited by 308hjute; 20-04-14 at 12:20 PM. Reason: More info
    Mushman and Old Dog like this.
    Pipes, tubes, boxes, atomisers.

    ECHO ALPHA DELTA CHARLIE

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    Gutless SMH chooses not to accept comments.
    Mushman and spud like this.

  8. #8
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    I thought the article leaned very much in favour of e-cigarettes. In fact all the articles this guy has done have been favourable towards the benefits of vaping. As far as I can see this is good publicity for us, so what's the issue other than associations to a past shit fight?

  9. #9
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    Quote Originally Posted by JenJ View Post
    In fact all the articles this guy has done have been favourable towards the benefits of vaping.
    http://m.youtube.com/watch?v=mV1LzXf1TKQ
    Mushman and OL'54MOD like this.

  10. #10
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    Quote Originally Posted by Old Dog View Post
    Gutless SMH chooses not to accept comments.

    However he has an email address there on the article. And To be honest I found the article to be a fairly evenhanded reporting of the basic facts and nothing more....... certianly none of the high and mighty attitude about it... maybe we should start feeding people like that some pro data facts




    What I want to see written on my tombstone is "This is the future home of Ron........".

 

 
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