Hawkins v. Van Heerden

The operator of a website selling electronic cigarettes (e-cigarettes) was convicted of violating the Tobacco Products Control Act 2006 (WA) by selling a product that is “designed to resemble a tobacco product.” The Supreme Court overturned an earlier ruling by a lower court, which had acquitted the seller.

The Supreme Court found that the e-cigarettes, which contained only “e-juice” and no nicotine, resembled a tobacco product because they are used for inhaling vapour, which is exhaled in a manner similar to smoke from a cigarette.

See further the sentencing judgment: Hawkins v. Van Heerden [No 2] [2014] WASC 226 (24 June 2014).