Six months on, no tobacconist or store owner arrested, charged or fined over illegal vapes sales

Not a single tobacconist or convenience store owner has been fined, arrested or charged over the sale of illegal vapes in NSW since January 1.

Not a single tobacconist or convenience store owner has been fined, arrested or charged over the sale of illegal vapes in NSW since January 1.

Despite 124,881 illegal nicotine e-cigarettes being seized across the state so far this year, there have been no successful prosecutions recorded by NSW Health inspectors against any business owner for the sale of illegal vapes in 2024.

Retailers across NSW can be fined or even imprisoned for selling e-cigarette, e-liquids and other products that contain nicotine.

But NSW Health sources, speaking on the condition of anonymity said inspectors from the department were “outnumbered and outmatched” by the illegal vape trade.

“Officers could go in and seize thousands of vapes and businesses will be restocked the following day – it is a losing battle.

“NSW Health doesn’t have the manpower to be able to conduct the raids and prosecute these businesses.”

Some of the vapes which have been seized by Border Force. Picture: David Crosling

To show how easy it is to buy illegal vapes across Greater Sydney, Sunday Telegraph reporters visited a dozen vape shops, tobacconists and convenience stores.

No retailer asked for a doctor’s prescription before offering to sell our reporters the illegal product, for prices ranging from $10 to $60.

In 2023, the NSW Health illegal vape prosecution data shows there were only six successful cases against the illegal sale of nicotine-containing e-cigarettes and other nicotine products, following investigation and seizures by NSW Health investigators.

A sign on the shopfront of a tobacconist on Darlinghurst Road in Kings Cross.

Ruby Lord at Paddington. Picture: Justin Lloyd

Four southeast Sydney businesses were prosecuted by NSW Health last year, while one business in Far West NSW and one in Illawarra were also convicted.

A NSW Police spokeswoman said NSW Health was the lead agency regarding cigarette and vape seizures from retailers or pharmacies, while police will “assist” in the raids.

In the lead up to the January 1 importation ban, NSW Premier Chris Minns said the government was “committed to taking the fight against illegal vapes”.

Health Minister Ryan Parks said vaping enforcement efforts were “more than just prosecutions and convictions”.

“Throughout 2023, NSW Health removed over 430,000 vapes from our streets – that’s almost three times the number of seizures from the previous year. We’re expanding our compliance capacity from 47 to 54 personnel. But I know there’s more that can be done.”

Ruby Lord, 25, said she was convinced young people can still easily get their hands on illegal vapes, despite laws being in effect for the last six months.

While the shops selling illegal vapes don’t seem to have any worries, police are cracking down on suppliers transporting major loads on regional highways in the state’s west and south.

Yesterday, police charged a 23-year-old man in the Hunter after he was allegedly found with illegal cigarette packets, vapes and cash.

On Friday, police seized over $2.5 million worth of illegal cigarettes and vapes near Dubbo when they pulled over a 61-year-old truck driver on the Newell Highway for a random breath test.

Meanwhile, in just one night, police seized more than 11,000 vapes and over $270,000 in cash on June 18, after two cars were pulled over on the Hume Hwy at Gundagai. Two Chinese nationals, a 42-year-old male driver and a 29-year-old passenger, were charged.

On July 1, the manufacture, supply, advertisement and commercial possession of non-therapeutic and disposable single use vapes will be banned across Australia.

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