ACCC takes action against Joystick as tests reveal toxic chemicals in e-cigarette

The Australian Competition and Consumer Commission (ACCC) has launched proceedings in the Federal Court against The Joystick Company Pty Ltd, for allegedly telling consumers its products do not contain any toxins or formaldehyde.


The case, put forward by the ACCC, follows three previous infringement notices against Joystick for misrepresentations of products, all of which the e-cigarette retailer did not pay within the specified payment period.

The latest proceedings commenced after the ACCC commissioned tests which found Joystick’s tested e-cigarette product to contain toxic chemicals including formaldehyde, acetaldehyde and acrolein, all of which are carcinogenic to humans.

Sarah Court, ACCC commissioner said: “It is crucial that suppliers have scientific evidence to support claims that their products do not contain carcinogens and toxic chemicals such as formaldehyde and acetaldehyde.”accc-logo

This is particularly important when, as here, products are designed to be inhaled and are being differentiated from conventional tobacco cigarettes because they are claimed not to contain toxic chemicals.”

Court said: “This action against Joystick also reflects the ACCC’s policy that enforcement proceedings will be considered against businesses which do not pay the penalties specified in infringement notices within the payment period”

Among other allegations, the ACCC has said the the director of Joystick was aware and a participatory in the conduct.

Should the ACCC succeed, the commission hopes to secure penalties, declarations, injunctions, orders for an ACL compliance program, publication orders and costs.


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