E-cig seller to appeal landmark decision

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WA businessman is to lodge an appeal against a judgment which deemed his sale of electronic cigarettes illegal.

WA businessman is to lodge an appeal against a judgment which deemed his sale of electronic cigarettes illegal.

The man at the centre of a landmark legal case says he will appeal a West Australian Supreme Court judgment that deemed his sale of electronic cigarettes illegal.

In April, Vincent van Heerden of online business Heavenly Vapours lost a case brought against him by the WA Health Department that made the state the first jurisdiction in the world to outlaw the sale of e-cigarettes.

The company had been selling battery-powered devices that turned “eJuice” liquid into a flavoured vapour.

Van Heerden was convicted under the state’s Tobacco Products Control Act, which prohibits the sale of any food, toy or other product that is not a tobacco product but is designed to resemble one.