In this article
What kind of legal instrument is it?Communication categories coveredRestrictions continue to apply inside an exceptionReading it alongside later guidanceFrequently asked questionsDoes the 2024 authorisation permit public ecommerce advertising?Can product registration replace the authorisation?Further readingOfficial sourcesRelated articles
The Therapeutic Goods (Vaping Goods—Advertising) Authorisation 2024 is a Commonwealth legislative instrument that creates specific exceptions to Australia's prohibition on advertising vaping goods. It is not a general permission to advertise vapes online.
What kind of legal instrument is it?
The Authorisation was made under section 42DZC of the Therapeutic Goods Act 1989 and is available on the Federal Register of Legislation. The Act permits the Secretary, through a legislative instrument, to authorise specified advertising subject to conditions. The instrument identifies particular circumstances, recipients and permissible content. Its scope must be read as a whole, including any applicable definitions and conditions.
Communication categories covered
According to the TGA, examples include particular information on labels, packages or inserts, communication exclusively to specified health practitioners, communication within specified lawful wholesale and retail supply relationships, certain direct treatment conversations with patients and relevant government health campaigns. Each pathway has its own limitations. A public product-comparison article, general email promotion or open catalogue should not be assumed to qualify.
Restrictions continue to apply inside an exception
The TGA guidance identifies restrictions on promotional incentives, testimonials, samples, restricted representations and certain event-related promotion. Where product specifics are permitted, they can be limited to availability, price, required safe-use information and specified characteristics. An authorisation for an audience does not mean the content may make unlimited medical, comparative or lifestyle claims.
Reading it alongside later guidance
The Authorisation remains a separate instrument from the general legislative rules on possession, supply and importation. The TGA's April 2026 guidance on determining whether something is advertising helps explain how communications are assessed in context; it does not create extra authorisations. The instrument and current official guidance should be read together rather than relying solely on summaries published when the reforms began.
Frequently asked questions
Does the 2024 authorisation permit public ecommerce advertising?
It provides narrowly defined exceptions; it is not a blanket permission for public online stores to advertise vaping goods.
Can product registration replace the authorisation?
No. Registration, notified status, lawful supply and advertising permission answer different legal questions.
Further reading
- Australian vaporiser laws and regulations
- Vape Advertising Restrictions in Australia Explained
- Advertising to Healthcare Professionals: Australian Rules
- Wholesale Supply and B2B Communication Rules
Official sources
- Federal Register — Vaping Goods Advertising Authorisation 2024
- TGA — Vapes: advertising and promotion
- TGA — Determining if your content is advertising
- Federal Register — Therapeutic Goods Act 1989 (current)
Information current to 9 October 2026. Australian law and regulatory guidance may change. This page provides general information rather than legal or clinical advice.