Enforcement of illicit tobacco and nicotine e-cigarette laws

 

New national laws to strengthen controls on the importation, manufacture, and supply of all e-cigarette products are now in place.

All e-cigarettes & e-liquids (with and without nicotine) and e-cigarette accessories can now only be supplied by a pharmacist, medical practitioner, or nurse practitioner.

For more information visit the TGA Vaping Hub

E-cigarettes containing nicotine can only be supplied by pharmacies with a valid prescription

E-cigarettes and e-liquids containing nicotine are a prescription only medicine. This means pharmacists in community pharmacies can supply e-liquids and e-cigarettes (containing nicotine) to their customers who are 18 years and over only if they have a valid prescription from a doctor.

For retailers other than pharmacies it is illegal to sell e-liquids and e-cigarettes that contain nicotine. This includes online sales.

Information for tobacco and e-cigarette retailers in NSW is available in English, Arabic, Chinese (traditional and simplified), Hindi and Vietnamese.

 

Reporting illegal sales

If you think someone is breaking tobacco and/or e-cigarettes retailing laws, such as selling illicit tobacco or e-cigarettes that contain nicotine (other than pharmacies), please report this to NSW Health by completing the online reporting form or by calling the Tobacco Information Line on 1800 357 412.

If you require further information, please call the Tobacco Information Line.

Non-English speaking people can contact the Tobacco Information Line via the translating and interpreting service (TIS) on 13 1450 to report breaches to the smoking bans and tobacco retailing laws.

Fines for retailers selling nicotine and illicit tobacco

NSW Health Inspectors visit retailers and to check if illicit tobacco or products containing nicotine are being sold.

NSW Health can prosecute retailers for selling e-cigarette, e-liquids and other products that contain nicotine. The maximum penalty is a $1,650 fine, 6 months in prison, or both.

Penalties apply for a number of offences under the Public Health (Tobacco) Act 2008. These offences include supplying tobacco without health packaging, failure to comply with display and advertising restrictions, sale of tobacco or e-cigarette products to minors, and engaging in retailing activities without notifying NSW Health.

For further information see penalties and enforcement.

Illegal nicotine e-cigarettes seized

NSW Health has seen an increase in the number of e-cigarettes containing nicotine, or labelled as containing nicotine, being sold by retailers. This includes disposable devices, with brands such as HQD H -Bar, IGet XXL, IGET Bar Plus, IGet Goat, GunnPod, Relx, G Shot Giant, Waka Smash and Waka SoMatch.

This table shows the quarterly data for seizures of e-cigarette and e-liquid products containing nicotine or labelled as containing nicotine by NSW Health officers.

Quarter Number of products seized
1 April - 30 June 202466,802
1 January - 31 March 2024127,011*​​
1 October - 31 December 202382,837*
1 July - 30 September 2023153,168*
1 April - 30 June 2023100,629
1 January - 31 March 202395,551*
1 October - 31 December 202272,732*
1 July - 30 September 202250,543*
1 April - 30 June 202226,672*
1 January - 31 March 202234,825
1 October - 31 December 20219,587
1 July - 30 September 20217,677
1 April - 30 June 202134,865
1 January – 31 March 202124,067
1 October – 31 December 202018,900
1 July – 30 September 20206,554
1 April – 30 June 20201,801
1 January – 31 March 20202,866

*Data changes have been applied to provide the most up to date records for these time periods. The total number of seizures in each quarter includes ongoing investigations, which have inputs that may vary upon the investigation’s conclusion. Variations in new data are updated quarterly.

Prosecutions for illegal sales of nicotine containing e-cigarettes

This table lists the prosecutions for illegal sale of nicotine containing e-cigarettes and other nicotine products, following investigation and seizures by Authorised Officers in NSW Health. It shows the number of successful prosecutions in each quarter.

Quarter Number of successful prosecutions Local health districts business is located in
1 October - 31 December 20232
  • South Eastern Sydney
1 July - 30 September 20232
  • Far West
  • South Eastern Sydney
1 April - 30 June 20232
  • Illawarra Shoalhaven
  • South Eastern Sydney
1 January - 31 March 20230
1 October - 31 December 20223
  • Far West
  • Illawarra Shoalhaven
  • South Western Sydney
1 July - 30 September 20222
  • Central Coast
  • Northern Sydney
1 April - 30 June 20222South Eastern Sydney
1 January 2022 - 31 March 20225
  • South Eastern Sydney
  • South Western Sydney
  • Hunter New England
  • Central Coast
  • Sydney
1 October - 31 December 20211 South Eastern Sydney
1 July - 30 September 20211 Sydney
1 April - 30 June 20212
  • South Eastern Sydney
  • Northern Sydney
1 January – 31 March 20214
  • Northern Sydney
  • South Eastern Sydney
  • Sydney
1 October – 31 December 20201 South Eastern Sydney
1 July – 30 September 20204
  • Sydney
  • Northern Sydney
1 April – 30 June 20200
1 January - March 20203
  • Nepean Blue Mountains
  • North Sydney
  • Hunter New England

*Due to the timing of prosecutions and court procedures, final outcome data may be delayed and therefore will take longer to update the figures on the website.​


Current as at: Tuesday 6 August 2024
Contact page owner: Centre for Population Health