Australian regulator takes e-cigarette distributor to court

Australia’s consumer regulator, the ACCC, has launched court proceedings against online e-cigarette distributor Joystick.

The regulator alleges the distributor misled customers by claiming its products were approved by the ACCC and contained no toxins or formaldehyde.

The ACCC had previously issued Joystick with three infringement notices because it had reasonable grounds to believe the company had made multiple false or misleading representations.

Joystick did not pay the penalties required under the notices within the specified payment period and will now fight the matter in court, after independent testing commissioned by the ACCC showed that Joystick’s tested vaping products contained toxic chemicals including formaldehyde, acetaldehyde, and acrolein.

“It is critical that suppliers have scientific evidence to support claims that their products do not contain carcinogens and toxic chemicals such as formaldehyde and acetaldehyde,” said ACCC Commissioner Sarah Court.

“This is especially important when, as here, the products are designed to be inhaled and are marketed as being different from conventional tobacco cigarettes because they are claimed to contain no toxic chemicals.”

The ACCC also alleges that Joystick’s sole director was knowingly involved in the conduct.

The ACCC is seeking penalties, declarations, injunctions, orders for an ACL compliance program, publication orders, and costs.