The ACCC is attempting to stub out statements it alleges are misleading made by an Australian and New Zealand e-cigarette online retailers.
The ACCC alleges that the retailers are making misleading health claims in relation to e-cigarettes by saying they 'don't contain toxic chemicals', when the testing it commissioned shows that the cartridges contained a number of toxic chemicals and carcinogens.
There is an increasing level of concern among authorities regarding the composition of e-cigarettes, and the likely effects of their use.
The claims under the ACL taken by the ACCC are only one of a number of potential levers authorities can potentially pull to curb e-cigarette sales in Australia - including restrictions under the state based Act which control the sale of 'tobacco products' and the Therapeutic Goods Act 1989 (Cth).
Retailers of e-cigarettes and other retailers making health related claims, when selling into Australia and New Zealand, need to be very careful when preparing their marketing material.
The Australian Competition and Consumer Commission has commenced separate proceedings in the Federal Court against two e-cigarette online retailers alleging that they made false or misleading representations and engaged in misleading conduct by making statements on their websites that their e-cigarette products did not contain toxic chemicals.