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.