The defendant was previously convicted of selling products designed to resemble a tobacco product in breach of s106(a) of the Tobacco Products Control Act 2006 (WA). The defendant had been selling e-cigarettes and nicotine-free 'e-Juice'. (See: Hawkins v Van Heerden [2014] WASC 127 (10 April 2014)).
In this decision, the Supreme Court imposed a fine of $1,750 for the offence and ordered the defendant to pay the costs of the trial and the appeal. In doing so, Pritchard J observed that it was not necessary to decide whether e-cigarettes were harmful to their users, because whether or not the product sold was harmful to human health was not an element of the offence under s106 of the Act. Rather, the purpose of s106 is to discourage the promotion of tobacco products and smoking by banning the sale of products which resemble tobacco products and contribute to normalising the activity of smoking.
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
Electronic and/or battery-operated devices designed to deliver an inhaled dose of nicotine or other substances. Examples include electronic cigarettes (e-cigarettes), electronic cigars, electronic cigarillos, electronic hookah, vaporizers, and vape pens. ENDS does not include any device or medication approved by the government as nicotine replacement therapy.
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"In addition, I note that it is not an element of the offence under s 106 that the product sold was harmful to human health. The purpose to which the offence in s 106 is directed is discouraging the promotion of tobacco products and smoking generally by prohibiting the sale of products which are designed to resemble tobacco products, and thus which may contribute to normalising the activity of smoking or making that activity appear more desirable. I accept that the sale of electronic cigarettes, which are designed to be used in a way which is similar to the use of tobacco products, namely to permit the inhalation of something which appears similar to smoke, namely vapour, is capable of creating or contributing to the perception that smoking is a commonly pursued and desirable activity. That is because the result of the use of those electronic cigarettes is that users are seen to be engaging in a practice which resembles the smoking of tobacco products."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The defendant was previously convicted of selling products designed to resemble a tobacco product in breach of s106(a) of the Tobacco Products Control Act 2006 (WA). The defendant had been selling e-cigarettes and nicotine-free 'e-Juice'. (See: Hawkins v Van Heerden [2014] WASC 127 (10 April 2014)).
In this decision, the Supreme Court imposed a fine of $1,750 for the offence and ordered the defendant to pay the costs of the trial and the appeal. In doing so, Pritchard J observed that it was not necessary to decide whether e-cigarettes were harmful to their users, because whether or not the product sold was harmful to human health was not an element of the offence under s106 of the Act. Rather, the purpose of s106 is to discourage the promotion of tobacco products and smoking by banning the sale of products which resemble tobacco products and contribute to normalising the activity of smoking.