The Therapeutic Goods Authority has launched an investigation into a Chinese company advertising that it can supply illegal vaping products by the kilogram to a buyer's door.
The case is the latest example of the uphill battle that Australian health and law enforcement authorities face in the crackdown against the advertisement and sale of illegal vaping products.
Under current laws, vapes may only be imported to Australia by businesses that hold import licences and permits issued by the Office of Drug Control. Importers must also notify the TGA regarding compliance of vapes with relevant standards.
In NSW a $1,650 fine or six months jail can be imposed for selling nicotine vapes without a prescription to anyone under the age of 18.
Australian Border Force and the TGA have seized almost 4 million vapes since January 1, the date a national ban on the importation of disposable vapes came into effect.
However, it is estimated this represents only a fraction of the vaping products still coming into the country.
"One supplier told me he loses one in nine shipments. It's just the cost of doing business." Hunter-based Nationals senator Ross Cadell said.
Most of the product is making its way to convenience stores and tobacconists. The Newcastle Herald is aware of at least 10 outlets that sell vaping products in the Newcastle CBD alone.
Australian Community Media highlighted last week that tech giant Meta was facilitating the sale of vapes by allowing the advertisement of the banned devices in Australia.
ACM verified 15 pages currently running paid advertisements across Meta platforms, including on Facebook, Instagram and on Reels, in breach of Australian law and Meta's own advertising standards.
In an example uncovered by the Herald, Chinese company Huawell Trade Export Shipping recently advertised on Meta that it could directly import e-cigarettes into Australia.
The company, which also advertises that it can import building materials, decorations, hardware and lamps, says that it can deliver e-cigarettes to a buyer's door for $34.50 a kilogram.
The federal Department of Health and Aged Care launched an investigation into the social media posts after being alerted by the Herald.
"The advertising by Huawell Trading Export Shipping has been referred to the TGA and is being assessed," a spokesman said.
"The TGA will work with other authorities to investigate the activities of Huawell, including alleged unlawful importation, advertisement and supply of vapes in Australia."
At least one of Huawell Trade Export Shipping's posts remained on Facebook on Monday.
The company did not respond to the Herald's request for comment.
The spokesman said the TGA worked closely with digital platforms, including Meta, to deter and remove advertising of unapproved therapeutic and vaping products.
As part of its suite of tools, the TGA can request Internet Service Providers to block websites containing suspected unlawful material, including those hosted or operated by individuals or companies outside of Australia.
This action is only taken where the person responsible for the overseas website cannot be identified or the website will not voluntarily comply with Australian legislation.
A spokesperson for Meta told ACM last week that it prohibits people buying, selling or promoting the sale of illegal drugs on its platforms. It removes illegal content as soon as it becomes aware of it.
Senator Cadell, who was a member of the Senate Legislative Review of Therapeutic Goods Tobacco Amendment Act committee, said recent changes to legislation had not stopped vaping, but instead increased the profit margin for those selling on the black market.
"The only change I have seen [since the legislation was introduced] is the price. There's a shop in Maitland that was selling them for $25-$30 that is now selling them for $50-$60," he said.
"All the ban has done is drive more money towards organised crime rather than stopping it," he said.
Senator Cadell said he had heard reports that some young people were now turning to illegal tobacco products because they could no longer afford vapes.
"I would love to say kids will never get their hands on vapes again but that's impossible. If they are going to get their hands on them I would prefer it was regulated with standards," he said.
