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Khazanah Nasional Pty Ltd fined $39,960 for alleged unlawful advertising of disposable nicotine vaping products

17 May 2022

The Therapeutic Goods Administration (TGA) has issued three infringement notices totalling $39,960 to New South Wales based company Khazanah Nasional Pty Ltd for alleged unlawful advertising of disposable liquid nicotine vaping products (NVPs).

It is alleged that Khazanah Nasional Pty Ltd unlawfully advertised disposable NVPs on their website. The TGA contacted the executive officer of Khazanah Nasional Pty Ltd who failed to take steps to remediate the website under their control.

From 1 October 2021, products containing liquid nicotine became prescription-only medicines and must only be dispensed by pharmacies to consumers who hold a valid prescription.

Advertisers are reminded that they are required to remediate all non-compliant advertising that they are responsible for. It is the responsibility of anyone who wishes to engage in businesses that involve therapeutic goods to be aware of the regulatory requirements under the Therapeutic Goods Act 1989.

The changes to the laws were implemented to deter young people from taking up vaping (and potentially smoking) and to protect consumers from toxic ingredients that NVPs may contain which can cause short and long-term health issues such as organ damage.

NVPs purchased unlawfully could be counterfeit or contain undeclared and hazardous active ingredients which can cause serious harm to users. They may also not have the required child safety packaging and could cause poisoning if the liquids are ingested, or the skin or eyes are exposed.

The TGA recently published the results of laboratory testing of 214 available and imported NVPs assessed against the labelling, packaging and ingredient requirements specified in the standard TGO 110. Concerningly, the results showed that 31% of tested NVPs contained prohibited ingredients and 89% were non-compliant with labelling rules.

The TGA considers advertising breaches relating to nicotine vaping products a serious matter and is taking prompt and appropriate action to ensure compliance with the law.

If you suspect non-compliance in relation to therapeutic goods, you can report illegal or questionable practices online to the TGA. The TGA encourages the reporting of suspected non-compliant advertising.