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Its started! W.A Ban on sales

Discussion in 'Australia - New Zealand Forum' started by fishtaco, Apr 15, 2014.

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  1. fishtaco

    fishtaco Senior Member ECF Veteran

    Apr 17, 2011
    WA
    e cig sales now banned in West Australia.

    I am sure local vape web sales will be up and running soon after deleting anything that looks like a cigarette or anything related to Tobacco on their sites, after al they cant ban the sale of batteries that just happen to double as vape gear :)

    I am in W.A and am stocking up from O/S just in case.

    We have now become Singapore re Vaping :(
     
  2. Ewunia

    Ewunia Senior Member ECF Veteran

    Mar 22, 2012
    Australia
    Could you post the source of this? It's really disturbing. How about Internet sales? Are they also banned?
     
  3. fishtaco

    fishtaco Senior Member ECF Veteran

    Apr 17, 2011
    WA
    Its to do with a west aussie seller who won a court case brought against him for selling vape gear, he originally won the case as they were not cigarette like but on appeal the higher court judge ruled that anything that you inhaled that looked like smoke is cigarette like and therefore cannot be sold re sold or advertised even online!

    some local online stores seem to have closed for a while including their chat sites.

    Not sure who brought the case against the seller but the same group is calling for vaping and all vape gear and juice to be illegal to buy and use in W.A zero nic or not!
     
  4. fishtaco

    fishtaco Senior Member ECF Veteran

    Apr 17, 2011
    WA
    From yesterdays west australian


    Selling electronic cigarettes has effectively been banned in WA after the Supreme Court ruled the products were designed to look like the real thing - breaching State tobacco control laws.

    Last year, the WA Health Department brought a test case against a Duncraig company selling e-cigarettes online, under the banner Heavenly Vapours.

    The battery-powered devices do not burn tobacco but turn nicotine or fruit flavours into vapour which is inhaled and exhaled.

    It is illegal under Australian law to sell e-cigarettes containing nicotine.

    But the department prosecution argued it was also illegal to sell e-cigarettes containing no nicotine, because the law prohibits the sale of any food, toy or other product which is designed to resemble a cigarette or cigar.

    A magistrate originally ruled there was not enough evidence to prove the two types of e-cigarettes sold looked like real cigarettes.

    But after an appeal from WA health bosses, Supreme Court Justice Janine Pritchard ruled selling e-cigarettes in WA should result in a trader being prosecuted.

    "Evidence supported the conclusion that the items were used for inhaling vapour (whether or not containing nicotine) through the mouth, which was exhaled in a manner reminiscent of the smoke from a cigarette," Justice Pritchard said.

    Vince Van Heerden, owner of Heavenly Vapours, has begun an appeal to "crowdfund" the $50,000 he says he needs to continue his legal battle, saying the case has ruined him financially.

    Australian Council on Smoking and Health president Mike Daube said the judgment was an important step in the continuing battle against smoking.

    Last year, the Cancer Council of WA called for the promotion, sale and use of e-cigarettes to be banned, arguing they could become starter products for children and ex-smokers.

    Mr Van Heerden is due to be sentenced next month.
     
  5. Ewunia

    Ewunia Senior Member ECF Veteran

    Mar 22, 2012
    Australia
    This is nothing short of tragic. Do you know where is his crowdfunding site?
     
  6. Ewunia

    Ewunia Senior Member ECF Veteran

    Mar 22, 2012
    Australia
  7. Spacedancer

    Spacedancer Full Member

    That's ridiculous.

    Why didn't they ban analogs?:p
     
  8. Anubuk

    Anubuk Senior Member ECF Veteran

    Bull..... Continuing the battle against smoking! E-cigs are an important and needed ammunition in this battle.

    I am really sorry this has happened. I hope it doesn't go this way in the states. I would hope you can still buy on line from US as long as it is sent in nondescript packaging. I am not up to date with how Australia is with their internet access and customs. My husband has said you guys have awful video game restrictions so if that is any indication.
     
  9. Anubuk

    Anubuk Senior Member ECF Veteran

    I just checked out the link. Man, that is horrible. I get paid in the morning. I will donate some to his legal fund. This whole thing is ridiculous.
     
  10. db13berry

    db13berry Ultra Member Verified Member ECF Veteran

    Mar 24, 2011
    USA
    Since cigs resemble cigs, are they banned too?

    Sent from my couch using Tapatalk.
     
  11. jensy

    jensy Super Member ECF Veteran

    Wow, I am so sorry this is happening . Really what kind of world are we living in when cigarettes are still legal but anything resembling them that are less harmful isn't. (shakes my head)
     
  12. Ewunia

    Ewunia Senior Member ECF Veteran

    Mar 22, 2012
    Australia
  13. edyle

    edyle ECF Guru Verified Member ECF Veteran

    Did you mean 'advertising' or actually 'sales' ?
     
  14. Anubuk

    Anubuk Senior Member ECF Veteran

    signed and forwarded I regularly sign change.com petitions and they can make a difference
     
  15. fishtaco

    fishtaco Senior Member ECF Veteran

    Apr 17, 2011
    WA
    Our laws state that you cannot advertise sell or re sell anything to do with Tobacco and or smoking but you can sell cigarettes with a licence to do so! lol
     
  16. fishtaco

    fishtaco Senior Member ECF Veteran

    Apr 17, 2011
    WA
    Online sales as well as any sales!

    They cant stop me from buying them from other sites in other states or overseas yet unless they make it illegal for the user to posses or import for personal use, which i fear will be the next step! These are the same laws that Singapore uses to totally ban vaping. Singapore vapers are an underground group of sorts now. Singapore has on the spot fines for those caught possessing or using vape gear.
     
  17. Miata GT

    Miata GT Ultra Member Verified Member ECF Veteran

    Supporting member
    Nov 28, 2013
    Largo, FL
    I donated to his cause. I heard the interview with Vince on VP Live's podcast yesterday. What a crock of crap! Go easy bro...
     
  18. db13berry

    db13berry Ultra Member Verified Member ECF Veteran

    Mar 24, 2011
    USA
    Exactly! Ridiculous!

    Sent from my couch using Tapatalk.
     
  19. fishtaco

    fishtaco Senior Member ECF Veteran

    Apr 17, 2011
    WA
    The problem is the local media has twisted this case enough to convince people e cigs/vapes are illegal! Now every man and his dog are approaching me and telling me I am breaking the law by vaping!

    It is leading to much public misinformation as usual,which I think is the main aim given the huge salaries some get off the back of smokers taxes!
     
  20. Little White Cloud

    Little White Cloud Senior Member ECF Veteran

    Mar 29, 2014
    San Diego CA, USA
    Insanity! Even 0 Nic banned because it looks like one is smoking tobacco? Next must be, I don't like how you are dressed, off to jail with you! :facepalm:
     
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