Posted on in Business

What retailers need to know when selling electronic cigarettes

  • It is illegal to sell e-cigarettes, e-cigarette accessories, and tobacco products to anyone under 18 years old.
  • It is illegal to sell e-cigarettes or e-liquids that contain nicotine, including online sales.
  • E-cigarettes that do not contain nicotine are legal. Adults can buy and use e-cigarettes that do not contain nicotine.
  • It is also illegal to display, advertise or promote e-cigarettes.
  • It is illegal to sell e-cigarettes that make a health claim, such as ‘this product helps smokers to quit.
  • Health inspectors can seize and destroy products containing liquid nicotine or labeled as containing nicotine, and also check if retailers are selling e-cigarettes to people under 18 years of age.
  • For selling products containing liquid nicotine, and selling e-cigarettes to people under 18 years of age.
  • The Smoke-free Environment Act 2000 and the Passenger Transport (General) Regulation 2017 prohibit the use of electronic cigarettes in smoke-free areas. They can use e-cigarettes where smoking is not banned.
  • Under the Public Health (Tobacco) Act, 2008:E-cigarette retailers must register their business details with NSW Health. This is a free online process and it should only take 15 minutes. Retailers who sell e-cigarettes and tobacco products must update their registration.
  • Retailers who only sell e-cigarettes and e-cigarette accessories can apply for an exemption, so that electronic cigarettes may be used within their store. There is an application process and additional conditions will apply. Retailers who also sell tobacco products or other products are not eligible to apply for an exemption.

E-cigarettes must not make unapproved therapeutic claims

Under national law, it is illegal to make therapeutic claims about goods if they are not registered with the Therapeutic Goods Administration (TGA). This means that it would be illegal to sell or supply e-cigarettes if a label, website, poster, or website claims like ‘this product will help you quit smoking. Verbal statements by salespeople are also included.

Retailers who only sell e-cigarettes and accessories can apply for an exemption, so that e-cigarettes may still be used within their store

There is an application process and additional conditions will apply. Retailers who also sell tobacco products or other products are not eligible to apply for an exemption. 

For more information, refer to the tobacco retailing law.