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Melbourne company Australia Utopia Pty Ltd fined $93,240 for alleged advertising breaches for nicotine vaping products

22 November 2021

The Therapeutic Goods Administration (TGA) has issued seven infringement notices totalling $93,240 to Australia Utopia Pty Ltd for alleged unlawful advertising of nicotine vaping products on its website.

The TGA has informed Australia Utopia that it must immediately remove all advertising of nicotine vaping products from the website.

Under the Therapeutic Goods Act 1989, vaping products that contain nicotine are prescription only medicines by reference to the Poisons Standard, and cannot be advertised to the Australian public. The TGA has published comprehensive information about nicotine vaping products.

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. The TGA's nicotine vaping products compliance and enforcement plan sets out an intelligence-informed, risk-based approach.

Other recent compliance action includes:

Consumer information

The TGA has published information for consumers on how to legally access nicotine vaping products, following consultation and a prescription from their doctor, as a treatment to help stop smoking.

The TGA advises consumers that if they are considering buying nicotine vaping products online it is important to be careful, especially when the seller does not ask for a valid prescription. Consumers are encouraged to ask the overseas supplier questions about the ingredients and manufacturing of the product.

The TGA encourages the reporting of suspected non-compliant advertising.

If you suspect non-compliance in relation to therapeutic goods more broadly, you can report illegal or questionable practices online to the TGA.