E-cigarettes and e-liquids containing nicotine are a prescription only medicine. This means pharmacists in community pharmacies can supply e-liquids and e-cigarettes (containing nicotine) to their customers who are 18 years and over only if they have a valid prescription from a doctor.
For retailers other than pharmacies it is illegal to sell e-liquids and e-cigarettes that contain nicotine. This includes online sales.
Information for tobacco and e-cigarette retailers in NSW is available in English, Arabic, Chinese (traditional and simplified), Hindi and Vietnamese.
If you think someone is breaking tobacco and/or e-cigarettes retailing laws, such as selling illicit tobacco or e-cigarettes that contain nicotine (other than pharmacies), 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.
Non-English speaking people can contact the Tobacco Information Line via the translating and interpreting service (TIS) on 13 1450 to report breaches to the smoking bans and tobacco retailing laws.
NSW Health Inspectors visit retailers and to check if illicit tobacco or products containing nicotine are being sold.
NSW Health can prosecute retailers for selling e-cigarette, e-liquids and other products that contain nicotine. The maximum penalty is a $1,650 fine, 6 months in prison, or both.
Penalties apply for a number of offences under the Public Health (Tobacco) Act 2008. These offences include supplying tobacco without health packaging, failure to comply with display and advertising restrictions, sale of tobacco or e-cigarette products to minors, and engaging in retailing activities without notifying NSW Health.
For further information see penalties and enforcement.
NSW Health has seen an increase in the number of e-cigarettes containing nicotine, or labelled as containing nicotine, being sold by retailers. This includes disposable devices, with brands such as HQD H -Bar, IGet XXL, IGET Bar Plus, IGet Goat, GunnPod, Relx, G Shot Giant, Waka Smash and Waka SoMatch.
This table shows the quarterly data for seizures of e-cigarette and e-liquid products containing nicotine or labelled as containing nicotine by NSW Health officers.
*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 and new data will be 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.