Pharmacy Daily | Vaping ad clamp down

NSW-BASED company and an executive officer of the business have been fined a total of $90,576 by the Therapeutic Goods Administration (TGA) in relation to alleged unlawful advertising of nicotine vaping products.

The regulator has issued six infringement notices totalling $79,920, to JMIT Distributors Pty Ltd, over the promotion of vaping products on the vaporfactory.com.au website, which breached the Therapeutic Goods Act 1989.

"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," the regulator said.

"However, the company failed to come into compliance and continued to advertise nicotine vaping products for supply."

A further four infringement notices totalling $10,656 were issued to an executive of the firm in relation to advertising breaches on the same website.

"The individual was allegedly responsible for the advertising of nicotine vaping products on a company website," a spokesperson for the TGA said.

"The TGA alleges that the company contravened a civil penalty provision in the Act and that the individual who was an executive officer of the company knew that the contravention would occur and was in a position to influence the company.

"Despite the TGA's correspondence and guidance about the legal requirements for advertising and supplying nicotine vaping products, the individual failed to bring the company's advertising into compliance with the Act and failed to prevent the company contravening the provision."

The TGA said breaches in relation to nicotine vaping products were a serious matter, with the regulator stating it would continue to take "prompt and appropriate action to ensure compliance with the law".

The company's vaporfactory.com.au site appears to have been closed with the URL now linking to a Shopify page offering assistance in setting up an online store.