Advertising and sponsorship that is banned
The Public Health (Tobacco and Other Products) Act 2023 (Tobacco Act) bans any form of communication or activity that directly or indirectly promotes smoking or vaping, or the use of tobacco products. These can be:
- in writing, images, audio or video
- signs or symbols, such as trademarks
- published for the public to see and hear, including:
- on the internet or other electronic media (such as mobile phones)
- in films, videos or radio programs
- on products such as t-shirts.
The advertising of vaping goods (including e‑cigarettes products) is also prohibited under the Therapeutic Goods Act 1989 (Therapeutic Goods Act), as amended by the Therapeutic Goods and Other Legislation (Vaping Reforms) Act 2024.
Any advertisement for e‑cigarettes must comply with:
- both the Therapeutic Goods Act and the Tobacco Act
- any other applicable Commonwealth, state or territory law.
Guidance on the prohibitions for advertising of vaping goods in Australia under the Therapeutic Goods Act can be found on the Therapeutic Goods Administration’s (TGA’s) Vaping Hub.
The Public Health (Tobacco and Other Products) Act 2023 also contains a prohibition on entering into tobacco or e‑cigarette sponsorships.
A tobacco or e‑cigarette sponsorship means any form of contribution (whether financial or otherwise) to an event, activity or person that promotes, or is likely to promote, the following (whether directly or indirectly):
- smoking
- a regulated tobacco item or the use of such an item
- vaping
- an e‑cigarette product or the use of such a product.
Read our guide to see what is prohibited.
Guide to advertising and sponsorship prohibitions
You should know about the laws that came into effect on 1 April 2024 if you:
- sell tobacco or e‑cigarette products
- work in publishing, broadcasting or advertising
- have dealings with the tobacco or e‑cigarette industry (for example, as an adviser or consultant).
You can find the laws on the Federal Register of Legislation website:
- Public Health (Tobacco and Other Products) Act 2023
- Public Health (Tobacco and Other Products) Regulations 2024
- Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Act 2023
- Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Rules 2024
Are there any exceptions?
Limited exceptions exist. Under the Tobacco Act, exceptions to the offences for the advertising of tobacco products include:
- for government or political purposes
- anti-smoking
- a news report
- sharing business information within the tobacco trade industry
- at the point of sale on the internet – read our guidance on what’s allowed.
Guide to online point-of-sale advertising requirements
In relation to advertising of e‑cigarettes, the Therapeutic Goods Act prohibits advertising of vaping goods (which includes e‑cigarettes) except where specifically authorised under that Act. For information on advertising of vaping goods, please refer to the TGA’s Vaping Hub.
Tobacco advertising at retail points of sale is also generally covered by state and territory advertising laws.
Why the laws are important
The World Health Organisation Framework Convention on Tobacco Control requires a comprehensive ban on tobacco advertising, promotion and sponsorship. These laws aim to reduce public exposure to advertising and sponsorship and limit messaging that may persuade people to start or continue using tobacco or e‑cigarettes.
Research shows that:
- tobacco and e‑cigarette advertising is linked to an increase in the use of these products
- banning tobacco and e‑cigarette advertising and promotion can reduce smoking and vaping rates.
Find out more about the evidence for banning tobacco advertising and e‑cigarette advertising on the Tobacco in Australia website. You can also read about the review of tobacco control legislation.
How to comply with advertising and sponsorship laws
If you need help understanding or complying with the laws, read our advertising and sponsorship resources:
How we enforce the laws
To administer and enforce the Tobacco Act we:
- inform the community about advertising prohibitions
- keep the legislation up to date
- guide and educate entities on how to meet the laws.
Make a complaint
If you think someone has breached the advertising and sponsorship laws, use the complaint form to report it to us.
We:
- consider all complaints
- assess each complaint and prioritise based on risk
- do not provide updates on the progress or outcome of a complaint.
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