AUSTRALIAGeneral information only. This article does not identify or endorse any product. In Australia, vapes can only be lawfully supplied through a pharmacy.
Non-compliant and counterfeit devices are not a niche problem. The Therapeutic Goods Administration (TGA) describes a “zero-tolerance approach” to non-compliance, illegal advertising and the illicit supply of vaping products, and it regularly reports large seizures. This article explains what “non-compliant” means, why it matters for safety, and what the law says.
What makes a device non-compliant
In Australia, a vape is not compliant just because it looks professionally made. The framework sets requirements for how products are supplied and what they contain. A product is likely to fall outside it if any of the following apply:
- It is sold by a retailer other than a pharmacy, such as a tobacconist, convenience store or online shop.
- Its nicotine concentration exceeds 20 mg/mL without a prescription.
- It comes in flavours other than mint, menthol or tobacco.
- It is a single-use disposable device.
- It is in branded rather than plain packaging.
Our plain-language guide to Australia’s vaping rules explains each of these in more detail.
Why it matters for safety
Unknown contents
When a product is supplied outside the regulated system, there is no independent assurance that the label matches what is inside. Declared nicotine concentration, ingredients and even the presence of nicotine may not be accurate.
Battery and charging quality
Fire and Rescue NSW recommends buying batteries and chargers from reliable manufacturers and checking for approval marks on the product itself. Devices without visible approval marks, or with poorly made cells, carry a higher risk of overheating. See our battery safety guide.
Child safety
NSW Health notes that vapes are not child-resistant and that vape liquid is high-risk partly because of poor packaging. Products made outside any regulatory framework offer no assurance of safer packaging. Our guide to safe storage explains how to reduce that risk at home.
Common warning signs
Counterfeits are designed to look genuine, so no single sign is conclusive. These features should prompt caution:
- Spelling mistakes, blurry printing or inconsistent logos on packaging.
- Missing manufacturer details, batch numbers or regulatory information.
- Specifications that differ from the manufacturer’s published information.
- Unusually low prices or supply through informal channels.
- Bright, youth-oriented designs or flavour names that resemble confectionery.
What enforcement looks like
The TGA works with state and territory agencies and police to remove illegal vaping goods from the market. In one operation in Bendigo, Victoria, the TGA reported seizing disposable vaping devices, accessories and vaping substances with an estimated street value of more than $1 million, including over 15,000 devices at a single residence.
The penalties are substantial. According to the TGA, vaping offences can attract up to seven years’ imprisonment and fines of up to $2.31 million for individuals and $23.1 million for corporations, per offence. Advertising of vaping goods is prohibited unless it is authorised.
If you want to stop vaping or smoking
The TGA recommends speaking with a health professional, calling Quitline on 13 7848, or using the free My QuitBuddy app.
Conclusion
Compliance in Australia is defined by more than appearance. It depends on who supplies a product, what it contains and how it is packaged. Products outside that framework carry uncertainty about contents, batteries and packaging, along with serious legal consequences for those who supply them.
Sources
- Therapeutic Goods Administration, TGA seizes illicit vaping goods worth more than $1 million in significant enforcement operation in Bendigo
- Fire and Rescue NSW, Lithium-ion batteries: shop, charge and recycle safely
- NSW Health, E-cigarette child safety resource