Warning on sale of vapes and illegal tobacco

Small businesses including tobacconists, convenience stories and service stations are being warned that a complete ban on the sale of vapes will be implemented later in 2024, with a ban on some imports already in effect. 

The Therapeutic Goods Administration has warned small businesses to act immediately to minimise any financial losses and ensure they comply with the new rules.

From 1 March 2024 the importation of all reusable vapes, irrespective of nicotine content, will be banned unless those vapes are therapeutic vapes for supply in pharmacy settings. This means that tobacconists, vape shops, service stations and convenience stores will no longer be able to access reusable vapes imported from 1 March 2024. 

Any reusable vapes that were lawfully imported prior to 1 March 2024 and do not contain nicotine or any other medicine and do not make therapeutic claims may be supplied in non-pharmacy settings, subject to state or territory law.

This allows businesses to run down their stocks prior to the introduction of a ban, expected later in 2024, on the domestic manufacture, advertisement, supply and commercial possession of all vapes outside of the pharmacy supply chain. 

No compensation is available for retailers as part of the changes. 

Read more about the Vapes: Compliance and enforcement plan. 

In addition to a ban on the sale of vapes, the NSW Small Business Commissioner is providing assistance to reinforce recent crackdowns by the NSW police on the sale of illegal tobacco. Conscious of the harm done by the illicit trade to small businesses obeying the law, members of the public and small businesses are encouraged to report the suspected sale of illegal tobacco to the Commission.