Direction about advertising given to Hwangbo SS Pty Ltd

ADVERTISING DIRECTION GIVEN TO HWANGBO SS PTY LTD AND NABIL MOUAWAD

Under section 42DZK of the Therapeutic Goods Act 1989

PART A: Notice of Advertising Direction 

I, [REDACTED], am a delegate of the Secretary of the Australian Department of Health, Disability and Ageing in the Therapeutic Goods Administration (TGA) under section 57(1) of the Therapeutic Goods Act 1989 (the Act) and the Therapeutic Goods (Secretary) Delegation 2025. 

I am satisfied that there has been a contravention under section 42DZD and subsection 42DZE(1) of the Act in relation to the advertising of vaping goods by Hwangbo SS Pty Ltd and Nabil Mouawad, as follows:

• Hwangbo SS Pty Ltd, advertised or caused the advertising of vaping goods in contravention of section 42DZD and subsection 42DZE(1) of the Act because no authorisation under section 42DZC is in force in relation to the advertising of the vaping goods, including in the Therapeutic Goods (Vaping Goods - Advertising) Authorisation 2024 (Cth).
• Nabil Mouawad, an executive officer of Hwangbo SS Pty Ltd, advertised or caused the advertising of vaping goods in contravention of section 42DZD and subsection 42DZE(1) of the Act because no authorisation under section 42DZC is in force in relation to the advertising of the vaping goods, including in the Therapeutic Goods (Vaping Goods - Advertising) Authorisation 2024 (Cth).

PART B: Advertisements 

I make this direction in relation to the advertising of vaping goods at the “Candy Store” (the Candy Store) located at Unit 7/339 Swanston Street, Melbourne, VIC 3000. Examples of the Advertising are provided in Attachment A. 

PART C: Direction

I DIRECT HWANGBO SS PTY LTD and Nabil Mouawad, as the persons apparently responsible for the advertising or for causing the advertising of the vaping goods, to: 

1. Cease all advertising of vaping goods at the Candy Store.

PART D: Conditions under subsection 42DZK(3) of the Act

This Direction is subject to the following conditions that you must: 

1. complete each action you are directed to carry out in paragraph 1 of the Direction within1 hour of the Direction being given; and
2. email evidence of your compliance with this Direction to the email address listed on the first page of this Direction by close of business (5pm AEDST) the day the Direction is given. Examples of evidence of your compliance include photographs or video captures of the Candy Store demonstrating compliance. 

PART E: Other information

This information is for general guidance only. We recommend that you obtain independent legal advice if you have specific concerns.

Effect of not complying with this Direction 
Failure to comply with this direction within the period specified:

1. is an offence provision under section 42DZL of the Act; and
2. will contravene a civil penalty provision under section 42DZM of the Act

which could lead to court action against you. Sections 42DZL and 42DZM are reproduced with the covering letter to this Notice. 

In conjunction with pursuing civil or criminal court action, the TGA may also seek an injunction from the Federal Court of Australia ordering you to immediately cease your advertising.

The TGA could also issue you an infringement notice as an alternative to these actions.

The TGA can also alert the public to its concerns about particular vaping goods advertising through the use of public warning notices (section 42DZN).

Review Rights
This decision is reviewable. Your review rights are set out in Attachment B.

Publication 
Please note, as required under subsection 42DZK(6) of the Act, the TGA will publish this direction on its website. Publication is planned in the week commencing: 23 October 2025. 

[electronically signed]
[REDACTED]
[REDACTED]
Vaping Implementation and Enforcement Branch
Therapeutic Goods Administration
PO Box 100; WODEN ACT 2609

Enclosures
Attachment A – Table of Advertising
Attachment B – Information about review rights

Attachment A – Examples of the Advertising

Candy Store – Unit 7/339 Swanston Street, Melbourne, VIC, 3000

(Note: this may not be exhaustive) 

Attachment B – Information about review rights

Request for reconsideration of an initial decision

This decision is a reviewable initial decision under section 60 of the Act. Under section 60, a person whose interests are affected by a ‘reviewable’ initial decision can seek reconsideration of the initial decision.

As this document constitutes written notice of the making of an initial decision being given by the Secretary (or a delegate of the Secretary), a request for reconsideration of this initial decision must be given to the Minister within 90 (calendar) days after the initial decision notice is given and be accompanied by any information that you wish to have considered by the Minister. So, to avoid doubt, within 90 days of this notice being given. A request for reconsideration given to the Minister outside of the statutory 90 day reconsideration period cannot be accepted.

The Minister may either personally undertake a request for reconsideration of an initial decision, or delegate this function to an officer of the Department with the appropriate delegation.

Under subsection 60(3A) of the Act, the Minister (or the Minister’s delegate) is not able to consider any information provided after the a request for reconsideration of an initial decision is made unless the information is provided in response to a request from the Minister (or the Minister’s delegate), or it is information that indicates that the quality, safety or efficacy of the relevant therapeutic goods is unacceptable.

Guidelines for requesting reconsideration of an initial decision

Prior to requesting reconsideration of an initial decision, persons affected by an initial decision are advised to refer to the TGA website for specific information and detailed guidance for making a request for reconsideration. 

A request for reconsideration should then be made in writing, signed and dated by the person requesting reconsideration and should include the following:

• a copy of the initial decision notification letter, i.e. this letter (or other evidence of notification);
• identify, and describe with as much specificity as possible, which component(s) of the initial decision should be reconsidered and set out the reasons why reconsideration is requested;
• any information/documentation in support of the request, clearly labelled to correspond with (any or each of) the reasons why reconsideration is requested; and
• an email address nominated for the purposes of receiving correspondence in relation to the request for reconsideration.

A list of all attachments in the submission, or a table of contents, would also be appreciated, particularly for requests involving a significant number of supporting materials sent in multiple emails.

All requests for reconsideration should be given to the Minister by email:

Email:   ‘Minister.Butler.DLO@health.gov.au’ and copied to 

‘decision.review@health.gov.au’

Subject:    “<insert name of person/company making request> - Request for Reconsideration Under Section 60 of the Therapeutic Goods Act 1989”

Requests for reconsideration that include material which cannot be attached to a single email, may be submitted under multiple, sequentially numbered emails (e.g. “… - Email 1 of 3”, “… - Email 2 of 3” etc). All sequentially numbered emails must be given to the Minister on the same date.

Under section 60 of the Act, the decision upon reconsideration by the Minister (or the Minister’s delegate) must be to either ‘confirm’, ‘revoke’ or ‘revoke and substitute’ the initial decision. The Minister (or the Minister’s delegate) must give notice in writing of the outcome of the decision upon reconsideration to the person whose interests are affected, within 60 (calendar) days after making a request for reconsideration. If the Minister (or the Minister’s delegate) fails to give such notice within 60 days, the Minister (or the Minister’s delegate) is deemed to have confirmed the initial decision. 

Subject to the Administrative Review Tribunal Act 2024, if you are dissatisfied with the decision upon reconsideration by the Minister (or the Minister’s delegate), you can apply to the Administrative Review Tribunal (ART) for a review of that decision upon reconsideration. 

NOTE:  This initial decision remains in effect unless and until it is revoked or revoked and substituted by the Minister (or the Minister’s delegate) as a result of a request for reconsideration under section 60 of the TG Act OR is set aside, varied or remitted by the ART or is otherwise overturned or stayed.