Medical practitioner fined $2,664 for alleged unlawful advertising of nicotine vaping products

The Therapeutic Goods Administration (TGA) has issued an infringement notice of $2,664 to a NSW-based medical practitioner for alleged unlawful advertising of nicotine vaping products in a social media post. TGA alleges that in social media, the health practitioner promoted a specific brand of nicotine vaping product.

The advertising rules for therapeutic goods apply equally to social media posts, websites, and traditional forms of advertising such as in-store and magazines.

Nicotine vaping products are prescription-only medicines and it is generally unlawful to advertise them to the public. The TGA has granted a legal permission which only allows pharmacies and pharmacy marketing groups to advise where a person can fill their prescription for a nicotine vaping product but also not to mention specific brands or types of products. Other individuals, such as medical practitioners and businesses are not permitted to advertise these products in any way.  

The regulations around the import, manufacture, advertising and supply of nicotine vaping products balance the need to prevent adolescents and young adults from taking up nicotine vaping (and potentially cigarette smoking) while enabling current smokers to access the products for smoking cessation with appropriate medical support.

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

Contact for members of the media:

• Email: news@health.gov.au  
• Phone: 02 6289 7400