Are electronic cigarettes legal in NSW?

  • The sale of e-cigarettes and e-liquids containing nicotine is illegal under the NSW Poisons and Therapeutic Goods Regulation 2008 without approval from the NSW Ministry of Health.
  • The sale of e-cigarettes that make a therapeutic claim and are not registered with the Therapeutic Goods Administration (TGA) are illegal. No e-cigarette has been registered with the TGA.
  • The sale and use of non-nicotine e-cigarettes that do not make a therapeutic claim are not currently covered by NSW Tobacco legislation, meaning that it is legal to sell and use these products.
  • It is an offence to sell e-cigarettes and accessories to minors under the age of 18 under the Public Health Tobacco Act 2008.

See the NSW Ministry of Health’s Fact Sheet Are Electronic Cigarettes Legal in NSW for more Information.

More information:

What are electronic cigarettes? 
What is Cancer Council NSW’s policy position on electronic cigarettes?
Why does Cancer Council NSW believe electronic cigarettes need to be regulated?
Other useful information on electronic cigarettes