The Australian Therapeutic Goods Administration responded with two top priorities: it is monitoring e-cigarette advertising and fines up to A$20 million
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The Australian Therapeutic Goods Administration responded with two top priorities: it is monitoring e-cigarette advertising and fines up to A$20 million
Regarding the suspected illegal transportation of e-cigarettes by a Chinese freight forwarding company, the Australian Therapeutic Goods Administration responded to 2Firsts: It is strengthening the monitoring of e-cigarette advertisements and has clarified the penalty standards.
Previously, the Australian Therapeutic Goods Administration (TGA) investigated Huawell Trade Export Shipping, a Chinese freight forwarding company, which promoted and transported e-cigarettes to Australia on social media, suspected of violating local regulations (A Chinese freight forwarding company is suspected of illegally transporting e-cigarettes. The Australian Therapeutic Goods Administration intervened in the investigation).
In response, 2Firsts contacted the TGA for more information as soon as possible.
In response to 2Firsts' questions, the TGA did not disclose the details of the follow-up handling of the Huawell Trade Export Shipping investigation, but emphasized that it is strengthening the monitoring of e-cigarette advertisements and has clarified the penalty standards.
The following is the translation of the TGA's reply email:
The advertising of e-cigarette products is prohibited unless explicitly permitted by the 2024 Therapeutic Goods (E-cigarette Products-Advertising) Authorization.
It is prohibited to advertise e-cigarette products to the public.
Only in very limited circumstances is advertising of notified therapeutic e-cigarette products allowed.
The TGA is monitoring e-cigarette advertising and will take action against illegal promotion of e-cigarette products.
TGA enforcement action against illegal advertising may issue significant fines or initiate criminal prosecution or civil penalty proceedings, the amount of which depends on the conduct.
The maximum civil penalty for each violation is proposed as follows: the maximum penalty for an individual violation is 7,000 penalty units (approximately A$2.19 million) and the maximum penalty for a company violation is 70,000 penalty units (approximately A$21.91 million).
The following is the original text of the email: The advertising of vaping goods is banned, unless expressly permitted by the Therapeutic Goods (Vaping Goods – Advertising) Authorization 2024. The are no permissions to advertise vaping goods to the public. An authorization to advertise notified therapeutic vaping goods is only permitted in very limited circumstances. Advertising of vapes is being monitored by the TGA and action will be taken against the unlawful promotion of vaping goods. TGA enforcement action against unlawful advertising may result in the issue of significant fines or the commencement of criminal prosecution or civil penalty proceedings. The amount of the penalties depends on the conduct. The maximum civil penalty per contravention is proposed to be 7,000 penalty units ($2.191 million) for an individual and 70,000 penalty units ($21.91 million) for a corporation.
Previously, in response to the investigation, 2Firsts communicated with Tang Shunliang, a partner of Tianyuan Law Firm and a lawyer with many years of experience in the tobacco field, on issues of industry compliance and legal risks (Lawyer's interpretation | Chinese freight forwarding company investigated by Australian TGA, exporters may face dual risks at home and abroad). As the investigation deepens, 2Firsts continues to pay attention to the progress of the incident and provide the latest news in a timely manner.
