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Thread: The truth on e-cigarettes and the law in Australia

  1. #1
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    The truth on e-cigarettes and the law in Australia

    Not sure if this has been put up here or not but have a read...



    So....being the investigative/sceptic/scientist that I am I didnít believe the hype around these product being 'banned ' in Australia and did a little digging about the truth on e-cigarettes. Here's the latest:



    -No laws or regulations have changed on this issue. It has always been illegal for any business or manufacture or sell tobacco products within Australia without the required health warnings and licencing associated with the products. Tobacco is listed in Australia as a Scheduled Poison and our Therapeutic Goods Administration (TGA) requires all products containing tobacco to display the required health warnings. There are also laws around required licencing for anyone importing products with intention to sell / supply in Australia.



    -These laws do not apply to any tobacco products that are purchased overseas and brought into Australia provided the following rules have not been broken:

    -The retail value of the product brought into Australia does not exceed AU$1000 (and if it does it just means paying import tax on the value of the product)

    -The product will not be sold or supplied to others within Australia.

    -The product does not contain any messages / claims to have 'therapeutic value' or to be healthy / good for you. If the product is found to contain such claims it will be confiscated by the TGA, and only if

    opened by customs upon import.



    Statement from the Australian Customs webpage (customs.gov.au) today:

    "E-cigarettes and / or their components are not prohibited imports under Customs law. However they may be subject to control under the TGA Act 1989 if the packaging makes a claim about any form of therapeutic benefit. If e-cigarettes are detected at the border appearing to make a therapeutic claim the good may be referred to the TGA. The TGA will advise whether further action is warranted and whether seizure is appropriate under their Act. If no therapeutic claim is made or the TGA determines that no action is warranted, the goods are released as they are not controlled on importation"



    Note - the product does NOT have to contain any health warnings if those warnings are not required by law in its country of sale.



    The recent media attention that people have possibly been seeing, and may have blown out of context, is around the following story:

    -In October 2013 a Perth shop was found to be importing and selling e-cigarette packs containing tobacco cartridges with therapeutic benefits claimed on the packaging, they also did not have the required licences to be importing and selling tobacco.

    -This business was prosecuted on the 20th April 2014 and heavily fined, ultimately shutting them down.

    -This story made the news because this is actually the FIRST time a business has been prosecuted under these laws in association with e-cigarette products in Australia. Up until this case the authorities had been mostly turning a blind eye on the situation.

    -This case has now set a precedent and it is likely that other businesses in WA and other states will also now be prosecuted if found to be importing and selling and not abiding by our countries laws.

    -Warnings went out to business owners or those selling these product in Australia to watch out.

    -This news story created a bit of hype around the e-cigarette issue across the Australian news outlets and how our country MAY change its laws in the future, but for now nothing has changed.



    The short story: you are fine to continue importing tobacco products, including e-cigarette cartridges, into Australia provided you donít bring in more than $1000 at a time and donít try to sell it to anyone else. Probably worth sourcing a product that contains no beneficial health claims either.
    Christine J likes this.

  2. #2
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    That's not entirely correct by my understanding.

    I believe the perth vendor in question was charged based on the legislation written 25 years ago intended to ban the children's candy "fags" you could buy then. Broadly worded legislation that could do with a bit of re-working now, IMHO.

    No idea if they were guilty flouting the nicotine sales rules, but I don't believe they were charged with anything relating to that.

  3. #3
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    Oh, just read the tl;dr.

    Yes. :-)

  4. #4
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    just to put it out there too this was not written by me i receved this via email..

    i my self am still not 100% sure what is true an not true but i thought any info people can get hold of is worth looking at..

  5. #5
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    Quote Originally Posted by takedown View Post
    Not sure if this has been put up here or not but have a read...



    So....being the investigative/sceptic/scientist that I am I didnít believe the hype around these product being 'banned ' in Australia and did a little digging about the truth on e-cigarettes. Here's the latest:



    -No laws or regulations have changed on this issue. It has always been illegal for any business or manufacture or sell tobacco products within Australia without the required health warnings and licencing associated with the products. Tobacco is listed in Australia as a Scheduled Poison and our Therapeutic Goods Administration (TGA) requires all products containing tobacco to display the required health warnings. There are also laws around required licencing for anyone importing products with intention to sell / supply in Australia.



    -These laws do not apply to any tobacco products that are purchased overseas and brought into Australia provided the following rules have not been broken:

    -The retail value of the product brought into Australia does not exceed AU$1000 (and if it does it just means paying import tax on the value of the product)

    -The product will not be sold or supplied to others within Australia.

    -The product does not contain any messages / claims to have 'therapeutic value' or to be healthy / good for you. If the product is found to contain such claims it will be confiscated by the TGA, and only if

    opened by customs upon import.



    Statement from the Australian Customs webpage (customs.gov.au) today:

    "E-cigarettes and / or their components are not prohibited imports under Customs law. However they may be subject to control under the TGA Act 1989 if the packaging makes a claim about any form of therapeutic benefit. If e-cigarettes are detected at the border appearing to make a therapeutic claim the good may be referred to the TGA. The TGA will advise whether further action is warranted and whether seizure is appropriate under their Act. If no therapeutic claim is made or the TGA determines that no action is warranted, the goods are released as they are not controlled on importation"



    Note - the product does NOT have to contain any health warnings if those warnings are not required by law in its country of sale.



    The recent media attention that people have possibly been seeing, and may have blown out of context, is around the following story:

    -In October 2013 a Perth shop was found to be importing and selling e-cigarette packs containing tobacco cartridges with therapeutic benefits claimed on the packaging, they also did not have the required licences to be importing and selling tobacco.

    -This business was prosecuted on the 20th April 2014 and heavily fined, ultimately shutting them down.

    -This story made the news because this is actually the FIRST time a business has been prosecuted under these laws in association with e-cigarette products in Australia. Up until this case the authorities had been mostly turning a blind eye on the situation.

    -This case has now set a precedent and it is likely that other businesses in WA and other states will also now be prosecuted if found to be importing and selling and not abiding by our countries laws.

    -Warnings went out to business owners or those selling these product in Australia to watch out.

    -This news story created a bit of hype around the e-cigarette issue across the Australian news outlets and how our country MAY change its laws in the future, but for now nothing has changed.



    The short story: you are fine to continue importing tobacco products, including e-cigarette cartridges, into Australia provided you donít bring in more than $1000 at a time and donít try to sell it to anyone else. Probably worth sourcing a product that contains no beneficial health claims either.

    MODS - I suggest you take this down now - It is BAD ADVICE, INACCURATE and UNTRUTHFUL.

    From the grammar - it looks like it was written by someone foreign !!!! (possibly a foreign vendor)
    Last edited by TrueNews; 09-05-14 at 10:07 PM.
    CMB likes this.

  6. #6
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    Quote Originally Posted by takedown View Post
    The short story: you are fine to continue importing tobacco products, including e-cigarette cartridges, into Australia provided you don’t bring in more than $1000 at a time and don’t try to sell it to anyone else. Probably worth sourcing a product that contains no beneficial health claims either.
    In the EU and US consideration is being given to e-cigarette cartridges being classified as tobacco products.

    In Australia e-cigarette cartridges are classified as NON tobacco products. (hence the recent WA Supreme Court Ruling)

    Do your homework and don't try to peddle your lies on this site.

  7. #7
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    Quote Originally Posted by takedown View Post
    just to put it out there too this was not written by me i receved this via email..

    i my self am still not 100% sure what is true an not true but i thought any info people can get hold of is worth looking at..
    If you are not sure whether or not it is true then - 'Why Post It' ?

    I would really really like to abuse the cr@p out of you at the moment, but site rules and my own sensibility dictate otherwise.

    SO:
    You can have my absolute scorn instead.
    Last edited by TrueNews; 09-05-14 at 10:30 PM.

  8. #8
    CMB
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    True News is right, that post is pretty inaccurate and the last thing we need is to start spreading misinformation amongst ourselves when there are plenty of others opposed to vaping already doing it for us.
    TrueNews and Toddosh like this.

  9. #9
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    Takedown, it would be very useful right now to understand where that email came from? It is completely inaccurate, yet a few statements which are close to the truth of things are enough to make scan readers form a very false and very counterproductive opinion. Could you please chase it back and find out where it originated from?
    TrueNews and EwaZofia like this.

  10. #10
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    if they were to ban nicotine by invoking the poisons act then the anti-smoking lobby would take it straight to court for a full ban on all tobacco products . either way , vapers win .

 

 
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