A Brisbane convenience store has been caught with 45,000 vapes and ordered by a court to pay $88,000 for possessing and selling vapes containing nicotine.
Metro South Public Health Unit prosecuted M & R Trading Pty Ltd, which trades as Zam Zam Supermarket, a convenience store in Kuraby, in court last month.
It followed authorities seizing the vapes at the business in May last year after community members complained to Queensland Health about the issue.
One of the complaints was made by a deputy principal from a secondary school where children as young as 13 were purchasing vapes from the business, a Metro South Public Health statement said.
In Queensland, vapes and e-cigarette products containing nicotine are illegal unless on prescription, and because nicotine is a regulated poison, it is enforced by Queensland Health environmental officers.
Metro South Public Health environmental health officers along with the Queensland Police Service and the Australian Tax Office (ATO) executed two warrants for properties in Kuraby on May 13, 2021.
They seized 45,449 personal vaporisers and 33 e-liquids.
Of the devices, 23,639 were found in the store and 21,810 at the storage premises, according to court documents.
$88,000 in fines
The company pleaded guilty to two charges of possession and sale of personal vaporisers and e-liquids containing nicotine when the matter was heard at Holland Park Magistrates Court on April 18 this year.
The court recorded a conviction and ordered the company to pay a $35,000 fine, almost $51,000 in court costs, and more than $2,800 in professional costs.
"During sentencing, the magistrate referenced statements indicating that children had purchased vapes from the business and denounced the conduct for exposing young people to health risks that are avoidable," a public health unit statement said.
Metro South Health Director of Environmental Health Melinda Lennon hopes the successful prosecution and penalty deters others from engaging in the illegal supply of vapes containing nicotine.
ATO Assistant Commissioner Jade Hawkins says while it focuses on targeting illegal tobacco supply, it supports partner agencies in creating "a level playing field in the retail sector".
"Retailers choosing to become involved in the sale of illegal tobacco products gain an unfair price advantage over honest businesses who are doing the right thing," she said.
The federal government recently announced prescription vapes would now only be imported for sale in pharmacies, not retail outlets, and the colourful packaging and sweet flavouring would be banned.
