Advertising vapes in Australia is prohibited unless specifically authorised by the Therapeutic Goods Administration – but that didn’t stop gay party brand Poof Doof from promoting a nightclub event using what appeared to be a vape alongside the words “Get your hit Sydney”.
The digital event poster, originally posted to Instagram and Facebook to promote its party at Carousel nightclub tonight (May 3), featured a pink and purple gradient device shaped like a disposable vape, with the Poof Doof logo printed on the side.
In the comments, a user asked, “Ok Poof Doof vapes but what flavour?”, to which the official Poof Doof account replied: “amyl”. Another wrote, “So can we vape inside or what?”
A Sydney drag artist, who did not wish to be named, took issue with the digital poster, telling Gay Sydney News it was “glorifying” and “normalising” an activity that was “just really bad for you”. They also questioned whether it was legal to use a vape in a poster.
“Hate the vape in the marketing. Not cool. It’s just weird,” they said.
On the night the event poster was published – April 16 – Gay Sydney News reposted it as an Instagram Story to inform our audience about Poof Doof’s future in Sydney, but removed it shortly after over concerns it was potentially in breach of advertising laws.
On the same night, Gay Sydney News then contacted both the federal Department of Health and NSW Health to ask whether the poster was lawful.
Within days, Poof Doof deleted the Instagram post and published a Facebook version of it to pixelate the vape-like device, while keeping the slogan intact. This pixelated version appeared to later vanish too.
The final version of the poster on both Facebook and Instagram, still live today, swaps the device with a Poof Doof-branded fan – but the language and layout remain largely unchanged.
However, on Tuesday this week, April 29, Poof Doof shared a Dropbox link with its promoter network that included the original poster featuring the vape, intended for use on their promoters’ social media accounts. A folder titled “censored” contained a pixelated version, but no version of the poster featuring the fan was provided.
Under Australian law, advertising e-cigarettes – including through symbolic imagery – is prohibited unless very limited exemptions apply.
A spokesperson for the Therapeutic Goods Administration (TGA) told Gay Sydney News that any such advertisement must comply with both the Therapeutic Goods Act 1989 and the Public Health (Tobacco and Other Products) Act 2023, along with any applicable state or territory laws.
“Changes to the Therapeutic Goods Act 1989 (the Act) from 1 July 2024 prohibit the advertising of all vaping goods unless authorised by the TGA,” the spokesperson said.
“There are significant penalties for advertising vaping goods without authorisation.”
The TGA spokesperson said it took all allegations of non-compliance seriously “and will investigate and take strong enforcement action where appropriate”.
“Advertising of vaping goods includes any statement, pictorial representation or design that is intended, whether directly or indirectly, to promote the use or supply of the goods — including a stylised symbol or image,” the spokesperson said.
“Any form of communication, recommendation or action that promotes, or is likely to promote, vaping or an e-cigarette product or the use of such a product, whether directly or indirectly, is an e-cigarette advertisement.”
Advertising a vape is only legal in specific circumstances – such as when the vape is an approved therapeutic product listed on the Australian Register of Therapeutic Goods, when the advertiser has formal authorisation from the TGA to promote it, or when the advertisement is directed exclusively to health professionals in restricted, non-public settings.
In Australia, the media can also publish a picture of a vape in news reporting, educational, or public health contexts. This is because journalistic use is not considered “advertising”, the specific activity restricted by the law.
At the time of publication, Poof Doof had not responded to a request for comment about the poster. If a response is provided after publication, Gay Sydney News will post it in the comments.
The TGA declined to confirm whether it considered the original Poof Doof poster to be unlawful, or whether it was under investigation.
“The department does not provide advice or comment publicly about whether materials are compliant or non-compliant, or whether action has been taken under the legislation,” it said.
Penalties for breaching the Therapeutic Goods Act can be significant: up to $2.31 million for individuals and $23.1 million for corporations. Under the Public Health (Tobacco and Other Products) Act 2023, criminal or civil fines can reach $660,000 for individuals and $6.6 million for corporations.
NSW Health did not comment specifically on the legality of the advertisement but referred enforcement matters to the TGA.
“NSW Health is increasingly concerned about the harmful health effects associated with vapes and reminds the community of the dangers associated with vaping,” a spokesperson said.
They added that the sale of all e-cigarettes or e-liquids – with or without nicotine – is illegal for retailers in NSW, except when dispensed through pharmacies under medical circumstances. This includes online sales.
The NSW Health department also noted that amyl nitrite – referenced by Poof Doof in its Instagram comment – is likewise illegal to sell, supply or inhale in NSW unless under a valid medical prescription or licence.
Despite the deletion of the original poster for the event, Poof Doof’s event is still scheduled to go ahead tonight.
Poof Doof has described the event as a “special one-off party” while it considers long-term venue partners for its Sydney events following the closure of Arq, which will re-open as Aura on the June long weekend.
Poof Doof held weekly events at Arq until late March.
“Poof Doof Sydney is not going anywhere – but we want to take it slow before we commit to another partner long-term,” the event’s promotional material states.
Saturday’s event at Carousel features DJs Atomic Kiss, James Alexandr, Kobra, Leow and Victoria Anthony. Doors open at 10pm and tickets are $27.68 on Eventbrite.
Other nearby club events tonight include DéjàVu at Universal, celebrating its fourth birthday, and Flash at Two 3 One, marking its second night since launching last week.
Gay Sydney News editor