Record fines up to $160K as Qld outlaws trendy pouches, vapes

Queensland has declared war on illicit nicotine, slapping fines of up to $161,300 on businesses caught selling trendy pouches, vapes or synthetic tobacco products. Individuals with the products also face hefty fines.

Nicotine pouches are now illegal in Queensland and can lead to massive fines. Picture: Truth Initiative

Queensland businesses caught selling illicit nicotine products, including trendy “nicotine pouches” with names such as “lip pillows” and “upper deckies”, now face massive fines of up to $161,300 under tough new regulations tabled in state parliament this week.

The Tobacco and Other Smoking Products and Other Legislation Amendment Regulation 2025, officially tabled last Tuesday, dramatically hikes penalties for supplying, possessing, or promoting illegal tobacco and vaping products.

Health Minister Tim Nicholls has banned nicotine pouches with the new laws including massive fines.

Individuals can be fined up to $32,260, while corporations face a top infringement of $161,300, among the harshest commercial penalties ever seen in Queensland for tobacco offences.

Even possession of one of the products in a business could end up with an $80,650 fine, while advertising or promoting banned items including vapes, synthetic nicotine, or nicotine pouches can land individuals with a $16,130 fine and businesses $80,650.

Health Minister Tim Nicholls said the regulation was a direct response to a fast-evolving black market thriving on slick marketing and legal loopholes.

“This legislation responds to a fast-moving and dangerous industry,” Mr Nicholls said.

“We’re closing loopholes and giving authorities the tools they need to act swiftly and decisively.”

The biggest change is the formal classification of nicotine pouches as illicit nicotine products with the new laws banning their sale, possession, or display in a commercial setting.

Previously, the flavoured pouches, marketed as “tobacco-free” or “nicotine-free”, were able to dodge regulation while quietly gaining popularity among younger users.

The regulation also allows health officers to seize and destroy illegal products on the spot, without needing a court conviction, if returning them could lead to further offences.

Mr Nicholls said that was expected to cut costs and reduce delays in enforcement.

Colourful packaging and flavours have been used to target young people. Picture: Getty Images

Before now, Queensland Health had to rely on the Medicines and Poisons Act to test and prosecute cases, often requiring up to four police officers for a single inspection.

Under the new rules if a pouch or vape claims, appears, or is believed to contain nicotine or synthetic nicotine, it is regarded as illegal.

Individuals caught supplying or possessing illicit nicotine products face fines of up to $32,260, while corporations can be slugged $161,300.

Advertising illegal nicotine products attracts penalties of $16,130 for individuals and $80,650 for businesses.

Selling to minors or operating without a licence carries steep consequences of $1613 for individuals and $8065 for corporations.

In line with the Human Rights Act 2019, the regulation acknowledges potential limitations on property rights and liberty, including up to two years’ imprisonment for certain offences.

But it argues these are justifiable to protect public health, particularly among youth.

In a symbolic move, the regulation removes a former government precinct at 41 George St in Brisbane, from the state’s list of designated smoke-free areas, after it was vacated by government tenants.

A University of Melbourne study cited in the certificate found that one in five Australians aged 16–39 had used a nicotine pouch in the past month — raising alarms among health experts over addiction and mental health concerns.

The World Health Organisation has also warned of the rising appeal of such products to young people, citing their flavoured formulations and stealthy design.