Tech giant Meta is facilitating the sale of illegal vapes by allowing the advertisement of the banned devices to Australian users, ACM has found. or signup to continue reading ACM verified 15 pages currently running paid advertisements across Meta platforms, including on Facebook, Instagram and on Reels, in breach of Australian law and Meta's own advertising standards. The illicit tobacco and e-cigarette commissioner Erin Dale said it was "really concerning" to see these ads undermine Australia's regulatory framework and public health.
Ten further pages verified by ACM showed previous advertising of the banned devices since the vaping ban became law. Some pages that previously had ads removed were able to advertise again with the same or similar content. The advertisements link to online stores and, in some cases, provide details to send a message via Facebook Messenger or WhatsApp, Meta-owned messaging apps.
Parliament in June, making it illegal to sell vapes except in a pharmacy from July 1, 2024, and requiring buyers to hold a prescription. The was passed alongside the ban, outlawing the advertising of vaping devices with a maximum penalty of seven years in prison. Meta ad library, which tracks how pages advertise on their platforms, shows many of the pages are moderated by accounts mostly listed as being in China and south-east Asia.
ACM did not find any accounts officially linked to Australian profiles. The text in some of the ads included references to shipping difficulties resulting from the ban. "Recently, some shipments to Australia have been intercepted, but please rest assured that we will protect the rights of our customers," one of the ads begins.
In reply to a comment concerning whether an order shipped from Hong Kong would arrive in Australia, the page promised a "100% successful delivery without being intercepted" because of their "unique Australian transportation logistic solution". While ACM could not confirm the location of this page, Meta lists the administrators of the page as being in the United States, Bangladesh, Nepal, Senegal and South Africa. The page had posted a behind-the-scenes video of a vape manufacturing warehouse where the workers speak to each other in Mandarin.
One of the ads from the page features a touchscreen device they claim can make phone calls. Their page posts reviews from Australian customers. "They are the real deal, and they get through customs," a screenshot of one message says.
The page ran two ads in May which were removed by Facebook for not following Meta's advertising standards. This did not stop the page from being able to run more ads in August. After ACM sent screenshots from a page's ads to seek comments from authorities, they were removed from Meta.
Ads on the other pages ACM investigated remain active. A Border Force spokesperson said their experience of preventing the importation of a range of illicit goods means they were skilled to respond with the challenge of illegal vaping imports. The spokesperson said Border Force had seized almost three million vaping goods since the start of the year and is "very adept at targeting and detecting imports attempting to avoid detection".
"What we do at the border makes a difference. But reducing the amount of vapes in the community requires a multi-faceted approach across all levels of government, involving both health, law enforcement and better education in the community about the harms of vaping." Meta's say that "ads must not promote the sale or use of tobacco or nicotine products and related paraphernalia".
"Ads must not promote Electronic Nicotine delivery devices, such as electronic cigarettes, vaporisers or any other products that simulate smoking or are otherwise designed for use with tobacco or nicotine products." The standards only allow the promotion of nicotine cessation products which "comply with all applicable local laws". ACM also found advertisements running for nicotine pouches.
The TGA says they have not evaluated any nicotine pouches for quality, safety or efficacy in Australia. "It is unlawful to advertise nicotine pouches, including when advertising these products for the purposes of smoking or vaping cessation. This includes online advertising," the .
On July 1, the head of the TGA Professor Tony Lawler said social media was a "significant way in which particularly young Australians gain knowledge and attraction" to vaping products. Professor Lawler said his agency was working with social media platforms and internet service providers to "address the availability and accessibility of such advertisements". Earlier in the year, ACM investigated Facebook advertising of mushroom gummies which were advertising in a way suggesting they offered more than what was on the packet.
A with symptoms including twitching, nausea and hallucinations. ACM does not suggest any wrongdoing by the company but believes it raises questions on how Meta vets its paid advertisements and protects its users. Australia's Erin Dale told ACM that advertising nicotine products, including vapes, is illegal in Australia, "It is really concerning to see a rise in ads across social media platforms," Ms Dale said.
"These ads not only undermine our regulatory framework but also pose significant risks to public health by targeting young and vulnerable audiences." Ms Dale said they were working with social media companies and regulatory bodies to "remove these unlawful ads and ensure compliance with Australian law". "Vigilance around advertising and promotion, particularly on platforms that influence demand, is a critical part of our broader strategy to combating the risks associated with vaping.
" A TGA spokesperson told ACM there are no permissions to advertise vaping goods to the public. The advertisement of notified therapeutic vaping goods is only authorised in very limited circumstances. The agency said it actively monitors digital platforms for compliance issues but was unable to provide the details of any matters referred for investigation.
The spokesperson said TGA enforcement action against unlawful advertising may result in the issue of significant fines or the commencement of criminal prosecution or civil penalty proceedings. The amount of the penalties depends on the conduct. The maximum civil penalty is 7,000 penalty units ($2.
19 million) for an individual and 70,000 penalty units ($21.91 million) for a corporation. The Department of Health and Aged Care said it takes advertising of any tobacco or e-cigarette products seriously.
The department confirmed federal health minister Mark Butler had written to Meta requesting immediate action to remove advertising contravening the - which includes stronger restrictions on the advertising of e-cigarette and tobacco products. Both tobacco products and e-cigarettes pose risks to health, which is why the Government is taking strong action and investing in more resources to prevent people from smoking and vaping and to support them to quit. The TGA said it would continue to work with relevant stakeholders to support compliance with the vaping reforms.
A spokesperson for Meta told ACM it is investigating this content. "Meta prohibits people from buying, selling or promoting the sale of illegal drugs, and we remove this content as soon as we become aware," the spokesperson said. They said a combination of technology, reports from our community and reviews by their content moderation team is used to enforce their community standards.
"In Q2 2024, Meta removed 1.7 million pieces of violating content related to drugs globally." They said 97.
9 per cent of this content was found and removed before it was reported by Meta users. At the same time Meta allows paid advertising that targets Australians with illegal products, for trusted news content and putting communities at risk as AI content and misinformation on the platforms increase. Morning news editor on the ACM national digital team.
Do you have a story that should be told? Email me at [email protected].
au Morning news editor on the ACM national digital team. Do you have a story that should be told? Email me at ayden.dawkins@austcommunitymedia.
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