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NSW company JMIT Distributors Pty Ltd fined $79,920 for alleged advertising breaches involving nicotine vaping products

10 February 2022

The Therapeutic Goods Administration (TGA) has issued six infringement notices totalling $79,920 to JMIT Distributors Pty Ltd (the company), for alleged advertising breaches of the Therapeutic Goods Act 1989 (the Act) in relation to nicotine vaping products on www.vaporfactory.com.au.

The TGA contacted the company on multiple occasions and provided detailed guidance about the legal requirements for importers, suppliers and advertisers of nicotine vaping products. However, the company failed to come into compliance and continued to advertise nicotine vaping products for supply.

Advertising breaches in relation to nicotine vaping products are a serious matter and the TGA is taking prompt and appropriate action to ensure compliance with the law. Under the Act, vaping products that contain nicotine cannot be advertised to the Australian public as they are included in the Poisons Standard as prescription only medicines.

An infringement notice is an alternative to commencing court proceedings, see Information about infringement notices for more information.

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 vaping products, including nicotine vaping products, online it is important to be careful, especially when the seller does not ask for a valid prescription for products containing nicotine. Consumers are encouraged to ask the overseas supplier questions about the ingredients and manufacturing of the product.