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Thread: Regarding the closure

  1. #1
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    Regarding the closure

    I see a lot of people here who are as disappointed as I am that this case has led to the closure of one of my favourite WA businesses. Great customer service, great products and truly people who did not deserve this.

    This is something I wrote up and sent when it happened. If you are interested I would ask that you send a copy or likewise. I made a lot of calls to the WA Health Department and the Federal Health Deperatment to figure out who best to complain to and it seems the WA Minister of Health is the way to go.




    To Honourable Dr. Kim D Hanes,

    RE: A request for consideration of the case of Hawkins V Van Heerden

    Recently the WA Health Department won an appeal against the owner of a WA business called Heavenly Vapours. A company that is headquartered in Western Australia and hence was the target of litigation regarding the sale of electronic cigarettes.

    The verdict means that the companies who are owned and operated within WA, of which there are a few, have now shut down their websites and are refusing to do business. They are unsure of their standing in the law. While companies that are owned and operating in other states and internationally, enjoy the benefits of their customers.

    It is only unlawful to sell an electronic cigarette in Western Australia, it is perfectly lawful to sell one to Western Australian customers. Either way you look at it, something is wrong.

    I humbly ask for your attention and consideration of this matter. I am a concerned citizen who has benefitted greatly from electronic cigarettes, they have enabled me to quit where other methods failed.

    The company was charged under Section 106 of the Tobacco Products Control Act 2006, bought in by the previous Labor government.

    The section in question states:

    A person must not sell any food, toy or other product that is not a tobacco product but is
    (a) designed to resemble a tobacco product or a package; or
    (b) in packaging that is designed to resemble a tobacco product or a package.


    In the case against Heavenly Vapours the company was originally acquitted of the charges in October 2013.

    However an appeal to the Supreme Court was made and Judge Prichard found in favour of the WA Health Dep. stating in the verdict:

    In my view, the evidence to which I have referred supports the conclusion that the items were designed to resemble a tobacco product because they were intended to be used to inhale vapour in a manner very similar to the inhalation of tobacco smoke when using a cigarette.

    I have spoken to the Tobacco Control Branch of the Health Dep. and was informed that the reason international products such as Nicorette Inhalers (which would easily fail under this precedent) are not being challenged is because they have been approved by the Therapeutic Good and Services Administration. Does being a recipient of a TGA approval mean that your product does not have to comply with state law?

    As far as I see it a change in this law, perhaps an exemption for smoking cessation devices, would be prudent.


    Kind Regards,
    Name

  2. #2
    AVF Regular
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    Welcome impulse. Why not tell us a bit about yourself in the new vapers sub forum.
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    Started Vaping 13th October, 2011

  3. #3
    AVF Newbie | Be nice to me
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    I remember those chocolates that resembled cigarettes.

  4. #4
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    And I remember this is a one post wonder refugee from the island of nuie most probably and Kim Hanes is a bit of a ****
    E: why the *** isn't the vapebar sub forum closed to posts?
    Last edited by coopz; 17-09-14 at 05:26 AM.


  5. #5
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    So whatever happened to Vapebar? Did they start up in another state or overseas? Do you know how long it has been since I have had my dose of Peach Tea???!!!! Seriously though, I know the whole Vince thing screwed them over, but to just disappear completely? Just doesn't make sense.
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  6. #6
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    Quote Originally Posted by chris1972 View Post
    So whatever happened to Vapebar? Did they start up in another state or overseas? Do you know how long it has been since I have had my dose of Peach Tea???!!!! Seriously though, I know the whole Vince thing screwed them over, but to just disappear completely? Just doesn't make sense.
    Bring me back my Chai Tea and Peach Tea please!
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  7. #7
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    Quote Originally Posted by styxs View Post
    I remember those chocolates that resembled cigarettes.
    Does anybody remember the pack of "FADS" ??

  8. #8
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    Quote Originally Posted by Vice Admiral Bone to Pick View Post
    Does anybody remember the pack of "FADS" ??
    I remember them when they were still called "Fags". Mmmmmmm, Minty......

    The chocolate cigarettes were the best though. Quite often Dutch or Belgian chocolate... when only the best will do...
    Chris: Tobacco free since 17:00 15th March 2013.

 

 

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