The operator of a website selling electronic cigarettes (e-cigarettes) was convicted of violating the Tobacco Products Control Act 2006 (WA) by selling a product that is “designed to resemble a tobacco product.” The Supreme Court overturned an earlier ruling by a lower court, which had acquitted the seller.
The Supreme Court found that the e-cigarettes, which contained only “e-juice” and no nicotine, resembled a tobacco product because they are used for inhaling vapour, which is exhaled in a manner similar to smoke from a cigarette.
See further the sentencing judgment: Hawkins v. Van Heerden [No 2] [2014] WASC 226 (24 June 2014).
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
Electronic and/or battery-operated devices designed to deliver an inhaled dose of nicotine or other substances. Examples include electronic cigarettes (e-cigarettes), electronic cigars, electronic cigarillos, electronic hookah, vaporizers, and vape pens. ENDS does not include any device or medication approved by the government as nicotine replacement therapy.
The operator of a website selling electronic cigarettes (e-cigarettes) was convicted of violating the Tobacco Products Control Act 2006 (WA) by selling a product that is “designed to resemble a tobacco product.” The Supreme Court overturned an earlier ruling by a lower court, which had acquitted the seller.
The Supreme Court found that the e-cigarettes, which contained only “e-juice” and no nicotine, resembled a tobacco product because they are used for inhaling vapour, which is exhaled in a manner similar to smoke from a cigarette.
See further the sentencing judgment: Hawkins v. Van Heerden [No 2] [2014] WASC 226 (24 June 2014).