Food and toys resembling or promoting smoking products
18 Food and toys resembling or promoting smoking products
A person commits an offence if the person—
sells or imports food or a toy; and
the food or toy, or its package or packaging, resembles—
a smoking product; or
a smoking product package.
Maximum penalty: 50 penalty units.
For subsection (1), food or a toy resembles a smoking product or a smoking product package if a reasonable person would believe that the resemblance exists, or is likely to exist.
A person commits an offence if the person—
sells or imports food or a toy; and
the food or toy, or its package or packaging, publicises or otherwise promotes 1 or more of the following things:
a smoking product, or the purchase or use of a smoking product;
a trademark or brand name, or part of a trademark or brand name, of a smoking product;
the name or interests of a manufacturer or distributor of a smoking product in association, directly or indirectly, with the smoking product.
Maximum penalty: 50 penalty units.
For subsection (3), food or a toy, or its package or packaging, publicises or otherwise promotes a thing mentioned in subsection (3) (b) if a reasonable person would believe that the food, toy, package or packaging publicises or promotes, or is likely to publicise or promote, the thing.
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