ACCC takes action over e-cigarette claims

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Australia’s consumer watchdog has launched court action against a third online e-cigarette supplier


 

Australia’s consumer watchdog has launched court action against a third online e-cigarette supplier in its ongoing crackdown on allegedly false claims about vaping products’ safety

According to the Federal Court action against The Joystick Company Pty Ltd (Joystick), independent tests showed the company’s e-cigarette product contained toxic chemicals including formaldehyde, acetaldehyde, and acrolein.

The ACCC said Joystick had claimed its products did not contain any toxins or formaldehyde, were “independent from” chemicals found in conventional cigarettes, and had been approved by the ACCC. “It is crucial that suppliers have scientific evidence to support claims that their products do not contain carcinogens and toxic chemicals such as formaldehyde and acetaldehyde,” ACCC Commissioner Sarah Court said.

“This is particularly important when, as here, products are designed to be inhaled and are being differentiated from conventional tobacco cigarettes because they are claimed not to contain toxic chemicals.”

The agency said it had issued Joystick with three infringement notices related to false or misleading representations, but the company had not paid the penalties specified.

The ACCC has been screening Australian e-cigarette websites and writing to companies explaining their obligations under consumer law.

Formaldehyde is classed as Group 1A carcinogen, indicating evidence it is carcinogenic to humans. Acetaldehyde is a Group 2B carcinogen, and acrolein is a Schedule 7 dangerous poison.

In June, the ACCC began separate court cases on similar grounds against other e-cigarette suppliers, Social-Lites Pty Ltd and Elusion New Zealand Ltd.

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