An Australian electronic cigarette manufacturer found himself in a difficult debacle with a questionable government shutdown. Vince can Heerden, family man and entrepreneur, began his journey a few years ago, to bring a top grade electronic cigarette to vapers by focusing on quality control. But before it could flourish, the Australian government decided to put a stop to it all.
Before even reaching its first year in business, HeavenlyVapours had already quality manufacturing partners in Australia for their e-liquid, to ensure consistent quality and safe ingredients. This was a good thing, as the market lacked local manufacturers, leaving the public with cheaper manufactured products from China. Considering there are no serious regulations and inspections on e-cigarette products being exported, having your own brand at home would facilitate oversight and ensure safety for everyone.
Some groups in Australia do not see eye to eye with electronic smokeless cigarettes and pressured officials to try and ban all personal vaporizers. A small court ordered a search and seizure at the owner’s house and that was the end. Without any warning on contact, authorities arrived in unmarked vehicles and raided the residence, leaving Vince shocked and confused, not even knowing what law he had broken. All hardware was seized and he was forced to shut down.
Turns out, the court used section 106a of the Tobacco Products Control Act 2006. The law indicates that it is not permitted to sell products that resemble tobacco products, both ‘a) designed to look like a tobacco product or b) packaging made to resemble a tobacco product.’ The law was supposedly signed to stop candy and sweets from being made to resemble tobacco cigarettes. It took 2 years before it finally went to court, and Vince was facing possible tens of thousands of dollars in fines.
What’s even more ironic and unfortunate all at once, is that many new competitors began selling their own electronic cigarettes in Australia with no interference from authorities. This one man trying to do good for the consumers, was left stranded and stripped of his savings with no support. Finally at the 2 year mark, the court date arrived and October of last year, HeavenlyVapours was finally acquitted of all charges, but not for long.
Just weeks later, the Health Department appealed the case to the Supreme Court. Judgement was passed in favor of the Health Department this past April 10th, 2014. The prosecution even managed to pass on their legal fees of $13,000, for a total of $33,000 when added to his own accumulated fees, without taking into account the possibly $10k legal penalty. Pretty insane right? And just in case you doubt it being real, here is a public verdict.
Stuck between a rock and a hard place, Vince called on the online community for help, and help he got! Along with donations, he asked for anyone in position to help with media exposure and share his story for public awareness. In just a few weeks, support poured and donations have already surpassed $20k. We hope the best for Vince, his business and his family and you can support him too on his gofundme page.