NSW advertising ban of electronic cigarettes and accessories

A person is not able to display an e-cigarette or e-cigarette accessory advertisement so that it can be seen or heard from a public place.

This law has been introduced to protect children and young people from any potential risks that e-cigarettes may pose. By removing the advertising of e-cigarettes, they won’t influence children’s perceptions about the availability and accessibility of these products. These new changes apply to retailers only, not wholesale vendors.

WHAT DOES AN ADVERTISING BAN MEAN?

An e-cigarette advertisement means writing or any still or moving picture, sign, symbol or other visual image or audible message that gives publicity to or is intended to promote the purchase of an e-cigarette product or e-cigarette accessory. This means that an advertiser cannot display a poster which advertises an e-cigarette or e-cigarette accessory product in any public place, including a sign such as ‘E-cigarettes available/for sale here’.

E-cigarette company trademarks and product names on e-cigarette products and packaging are excluded from the restriction on e-cigarette advertisements. A person is not able to give out free samples of e-cigarettes and accessories.

WHAT TYPES OF PRODUCTS ARE COVERED BY THE ADVERTISING BAN?

“E-cigarettes” and “e-cigarette accessories” are ALL captured by the new law.

E-cigarette means:

  1. a device (other than a device of a kind excluded by the regulations) that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non-tobacco smoking product, or
  2. any other device of a kind prescribed by the regulations that is designed to be used by its user in a way that replicates, or produces an experience similar to, the use of a tobacco product or non-tobacco smoking product.

E-cigarette accessory means:

  1. a cartridge, capsule or other container designed to contain a liquid, aerosol, gas, vapour or other substance for use in an e-cigarette, or
  2. a heating element designed for use in an e-cigarette, or
  3. any other component of an e-cigarette (or class of e-cigarettes) of a kind prescribed by the regulations.

Downloads