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).


Hawkins v. Van Heerden [2014] WASC 127 (10 April 2014).

  • Australia
  • Apr 10, 2014
  • Supreme Court of Western Australia


Plaintiff Bruce Michael Hawkins

Defendant Vincent Adam Van Heerden

Legislation Cited

Tobacco Products Control Act 2006 (WA)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product