The sale and advertising of cigarettes, cigars, smokeless tobacco and related products is a matter that is highly regulated within Australia. For further information concerning the definition of what constitutes as advertising, please refer to the Commonwealth Tobacco Advertising Prohibition Act, 1992 Section 9.
Due to the many difficulties inherent in assuring that tobacco sales comply with applicable laws, eBay will not permit the sale of cigarettes, cigars, and smokeless tobacco.
eBay will continue to be a forum for the sale of tobacco-related collectibles, including tobacco related memorabilia and packaging (provided you comply with the above policies), which are not subject to the same legal constraints. Prior to listing any tobacco-related items on eBay, sellers should read the ‘Additional Information’ sections to learn more about what tobacco-related items are not permitted.
Violations of this policy may result in a range of actions, including:
Listing cancellation
Limits on account privileges
Account suspension
Forfeit of eBay fees on cancelled listings
Loss of PowerSeller status
Selling Tobacco Collectibles on eBay: There may be instances where the particular collectible tobacco package is unopened and still contains tobacco. These sales of collectible tobacco items will be permitted as long as each of the following are met:
The value of the item is in the collectible packaging, not in the tobacco itself.
The listing description should state that the package has not been opened, but that the tobacco within is not for consumption.
The collectible tobacco packaging must not be available at any retail outlet, and packaging must have a value that substantially exceeds the current retail price of that tobacco product in the package.
Sellers must take steps to ensure that the buyer of these collectibles is at least 18 years of age.
Buyers and sellers are responsible for ensuring that any transaction involving tobacco complies with all applicable laws and postage regulations in carrying out the transaction.
Why does eBay have this policy?
eBay urges its sellers and buyers to comply with all governmental laws and regulations. Since the sale of tobacco is highly regulated, or may cause harm to eBay or its members, sellers are restricted in their listing of it on eBay.
