Competition and Consumer Act 2010 - Consumer Protection Notice No. 15 of 2011 - Permanent ban on novelty cigarettes

This legislative instrument imposes a permanent ban on a defined type of novelty cigarette. The banned goods are imitation cigarettes that contain a fine powder, such as talc (hydrated magnesium silicate) or similar substances, and that allow users to blow into, or inhale from, the imitation cigarette to produce a cloud of fine dust.

The wording matters. The ban is aimed at the product's features and operation, not just its marketing name. A business should focus on three elements together: the item is an imitation cigarette, it contains a fine powder or similar substance, and it is designed so a user can blow into it or inhale from it to create a cloud of fine dust.

The notice also makes clear that these products may be known as 'Puff Cigarettes' or by other names. So a business cannot assume a product is outside the ban just because it is described as a novelty toy, party item, magic stick, confectionery extra or something similar. If it fits the description in the notice, it is covered.

The notice itself bans the goods, so the practical effect is broad across the supply chain. Businesses most likely to be affected are those that import, manufacture, distribute, wholesale or retail novelty products that could include imitation cigarette items. This includes businesses that do not think of themselves as tobacco sellers.

In practice, the businesses most exposed are importers of novelty stock, wholesalers supplying discount and convenience retailers, party supply businesses, confectionery and gift stores, market sellers, and online sellers listing low-cost novelty products. Mixed-goods retailers should be careful because these items may appear in general novelty catalogues rather than in tobacco-related product lines.

Online businesses should also check listings and supplier feeds carefully. The legal description does not depend on where the product is sold. If the product is offered through a website, marketplace listing or social media storefront and it matches the banned description, the same issue arises.

The main compliance trigger is handling a product that looks like a cigarette and works by releasing a cloud of fine dust when a person blows into it or inhales from it. That trigger can arise at several points in the supply chain.

For importers, the risk starts before goods arrive in Australia. Product catalogues, sample packs and supplier descriptions may not use the exact name mentioned in the notice. For wholesalers and retailers, the risk often appears when buying novelty lines from third-party suppliers, especially where packaging is vague or the item is sold as a joke, party or confectionery product. For online sellers, the risk can arise through inherited product descriptions, drop-shipping arrangements or third-party marketplace listings.

A practical warning sign is any imitation cigarette novelty item that contains powder and is designed to create a visible dust effect. If those features are present, the product should be treated as high risk and checked against the notice before it is supplied.

The notice is a permanent ban on the specified goods. In practical terms, businesses should not import, stock, advertise, list or sell products that fall within the banned description. Because the notice identifies the goods by their characteristics, businesses should use a product-screening approach rather than relying only on product names.

A sensible compliance process is to review current stock, check supplier catalogues, inspect product samples and remove any item that appears to be an imitation cigarette containing fine powder that can produce a cloud of fine dust. Staff involved in buying, receiving, listing and selling products should know the features that matter.

The notice also states that goods subject to it and which fail to comply may be subject to compulsory recall. That means a business should keep enough stock and supplier information to identify affected products quickly and stop supply if a problem is found.

If you are unsure whether a product is covered, start with the exact wording of the notice. Ask these questions in order. First, is the item an imitation cigarette? Second, does it contain a fine powder such as talc or a similar substance? Third, does it allow a user to blow into it or inhale from it? Fourth, does that action produce a cloud of fine dust?

If the answer to all of those questions is yes, the product fits the banned description. The product name does not change that result. The notice expressly says the goods may be known as 'Puff Cigarettes' or by other names.

Businesses should be cautious about relying on supplier assurances alone. The safer approach is to check the product's physical features, instructions and intended operation. If the item is designed to mimic a cigarette and create a dust cloud from powder, it should be treated as banned.

The instrument is titled Competition and Consumer Act 2010 - Consumer Protection Notice No. 15 of 2011 - Permanent ban on novelty cigarettes. It is listed on the Federal Register of Legislation as in force. The register entry shows the instrument identifier F2011L00225 and a date of 10 February 2011.

The text of the notice states that it imposes a permanent ban on the specified goods. Businesses should still check the current register entry before relying on this page, particularly if they are reviewing older stock, dealing with historic supply issues or checking whether there have been later amendments or related product safety actions.

Before making a supply decision, check the current Federal Register of Legislation entry for this instrument and compare the exact product against the wording of the notice. This page is a practical guide, but the legal test comes from the instrument itself.

For a business, the key checks are straightforward. Confirm whether the item is an imitation cigarette. Confirm whether it contains a fine powder such as talc or a similar substance. Confirm whether the design allows blowing into or inhaling from the item to produce a cloud of fine dust. If those features are present, the product should not be treated as a permissible novelty item just because it is sold under a different name.

If you discover affected stock, stop supply promptly and isolate the goods so they are not accidentally sold or relisted. Because the notice warns that non-complying goods may be subject to compulsory recall, businesses should also make sure they can identify where stock came from and where it has been supplied.

This page is based on the Federal Register of Legislation entry and the text of Consumer Protection Notice No. 15 of 2011. The notice imposes a permanent ban under subsection 114(1)(a) of Schedule 2 to the Competition and Consumer Act 2010 on imitation cigarettes containing fine powder that allow users to blow into, or inhale from, the imitation cigarette to produce a cloud of fine dust.

The notice also states that goods subject to it and which fail to comply may be subject to compulsory recall.