If you think someone is breaking tobacco retailing laws, including selling illicit tobacco or illegally selling vaping goods, please report this to NSW Health by completing the online reporting form or by calling the Tobacco Information Line on 1800 357 412.
If you require further information, please call the Tobacco Information Line.
NSW Health Inspectors visit retailers to check compliance with tobacco retailing laws. This includes checking if illicit tobacco, illegal vaping goods or other illegal products containing nicotine are being sold.
It is illegal for retailers other than pharmacies (e.g. tobacconists, convenience stores, petrol stations) to sell any type of vaping good (vapes, e-cigarettes, e-liquids and e-cigarette accessories), regardless of its nicotine content.
There are strong new penalties in NSW for retailers illegally selling vaping goods.
Maximum penalties for illegally supplying vaping goods are up to 7 years imprisonment, a fine of $1.54 million, or both.
NSW Health can prosecute retailers for selling other illegal products that contain nicotine (such as nicotine pouches). The maximum penalty is a $1,650 fine, 6 months in prison, or both.
From 3 November 2025, the NSW Government’s tough new closure order powers come into force.
New closure order powers allow NSW Health to issue a short-term (up to 90 days) closure order or apply to the Local Court for a long-term (up to 12 months) closure order for premises selling illicit tobacco, or illegal vaping goods, or selling tobacco or non-tobacco smoking products without a valid licence.
New penalties for a range of tobacco retailing offences also commence on 3 November 2025. This includes new penalties of up to 7 years imprisonment, a fine of $1.54 million, or both for selling illicit tobacco or possessing a commercial quantity of illicit tobacco.Penalties apply for a number of offences under the Public Health (Tobacco) Act 2008. These offences include supplying tobacco without mandatory health warnings or in non-compliant packaging, failure to comply with display and advertising restrictions, and sale of tobacco and non-tobacco smoking products to minors.
For further information see penalties and enforcement.
NSW Health inspectors regularly visit retailers to check if illegal products are being sold. If these products are found in retailer premises, NSW Health inspectors seize and destroy the products.
This table shows the quarterly data of illegal vaping goods and other illegal nicotine products (such as nicotine pouches), that have been seized by NSW Health.
*Data changes have been applied to provide the most up to date records for these time periods. The total number of seizures in each quarter includes ongoing investigations, which have inputs that may vary upon the investigation’s conclusion. Variations in new data are updated quarterly.
This table lists the prosecutions for illegal sale of nicotine containing e-cigarettes and other nicotine products, following investigation and seizures by Authorised Officers in NSW Health. It shows the number of successful prosecutions in each quarter.
*Due to the timing of prosecutions and court procedures, final outcome data may be delayed and therefore will take longer to update the figures on the website.