E-cigarette vendor appeals against conviction for breaching WA tobacco laws

      An e-cigarette vendor from Perth has lodged an appeal against a landmark Supreme Court decision that found him guilty of breaching Western Australia's tobacco laws.
Vincent Van Heerden, 33, was last month fined $1,750 in a case that has effectively made the sale of the electronic smoking devices illegal.
E-cigarettesare an electronic device that turns fluid into vapour, which is then inhaled.
Mr Van Heerden's home was raided by Health Department officials in 2011, and he was subsequently charged with breaching state law by selling a product that resembles a cigarette.
He was one of the operators of an online business, called Heavenly Vapours, that sold e-cigarettes.
Mr Van Heerden was originally acquitted of the charge but found guilty on appeal.
In May the WA Supreme Court ruled that e-cigarettes that do not contain nicotine still breached the tobacco control act, which prohibits any "food, toy or other product" that looks like a cigarette or cigar.
E-cigarettes that contain nicotine liquid are banned across Australia, but are still easily obtainable.
Mr Van Heerden's appeal has been lodged in the WA Court of Appeal.