What Facebook Marketplace, Gumtree and Instagram Are Doing to Stop Illegal Cigarette Sales Targeting Australian Consumers

Social media platforms including Facebook Marketplace, Gumtree, and Instagram have become significant channels for illegal cigarette sales targeting Australian consumers, prompting a range of responses from platform policies, automated detection systems, and government enforcement actions. Despite tobacco advertising being illegal in Australia under the Public Health (Tobacco and Other Products) Act 2023, the ABC has documented multiple examples of illegal tobacco advertisements on Facebook that remained live until media enquiries prompted their removal. Meta, which owns Facebook and Instagram, maintains policies prohibiting tobacco and nicotine product advertising, while Gumtree's terms of use prohibit posting illegal or restricted goods. 

However, enforcement gaps persist, with Quit describing the $1.5 million in fines issued by the Therapeutic Goods Administration (TGA) as "just the tip of the iceberg" of illegal tobacco advertising on social media.  Understanding what these platforms are doing, and where they fall short, is essential for consumers navigating Australia's complex online tobacco market. 

Meta's Policies and Enforcement Actions

Meta, which owns Facebook, Instagram, and WhatsApp, has established policies prohibiting the advertisement and promotion of tobacco and nicotine products across its platforms. Under Meta's Advertising Standards, ads must not promote the sale or use of tobacco or nicotine products and related paraphernalia, including heated tobacco products, electronic cigarettes, vapes, nicotine-free vapes, wellness vapes, and vaporisers. The only exception is for cessation products approved by the World Health Organisation or the U.S. Food and Drug Administration. 

Automated Detection and Content Removal

Meta uses automated systems to detect and remove tobacco-related content that violates its policies. When the ABC brought illegal tobacco advertisements to Meta's attention, the company removed the content and took action against the accounts and pages behind them for violating its policies. Meta encourages users to report content that may breach its rules so it can review and take appropriate action. 

Limitations of Meta's Enforcement

Despite these policies, enforcement gaps persist. The ABC found that illegal tobacco advertisements on Facebook were reported by users but were not taken down until media enquiries prompted action. This suggests that Meta's automated detection systems are not catching all violations, and that user reports alone are insufficient to trigger timely removal. 

Additionally, Meta's enforcement is primarily reactive rather than proactive, relying on user reports and media enquiries rather than systematically scanning for tobacco-related content. This creates opportunities for illegal sellers to operate on Facebook Marketplace and Instagram with limited risk of detection. 

Gumtree's Policies and Enforcement

Gumtree, Australia's largest classifieds platform, prohibits users from posting goods, services, real property, or jobs that are illegal, restricted, or prohibited. This includes tobacco products, which are illegal to sell online in Australia without proper licensing and compliance with tobacco advertising laws. 

Listing Removal and User Bans

Gumtree removes listings that violate its terms of use, including those promoting illegal tobacco products. The platform also bans users who repeatedly violate its policies, preventing them from posting new listings. 

Limitations of Gumtree's Enforcement

Like Meta, Gumtree's enforcement is primarily reactive, relying on user reports and automated detection systems to identify violations. This creates opportunities for illegal sellers to operate on Gumtree with limited risk of detection, particularly if they use vague descriptions, code names, or images that avoid explicit references to tobacco. 

Government Enforcement Actions

Australian government agencies, including the TGA, Australian Border Force (ABF), and Australian Taxation Office (ATO), are taking increasingly aggressive action against illegal tobacco sales on social media platforms. 

TGA Enforcement

As of July 2026, the TGA had:

• 200 active investigations into online tobacco advertisements 

• Blocked 436 websites promoting illegal tobacco products 

• Issued 505 advertising warnings to businesses and individuals 

• Imposed $1.51 million in fines on tobacco advertisers 

The TGA's enforcement efforts focus on identifying and disrupting online tobacco advertising, including ads on Facebook, Instagram, and other social media platforms. 

ABF and ATO Operations

The ABF and ATO are targeting the supply chain for illegal tobacco, including operations that disrupt illicit tobacco sales coordinated through social media platforms. Operation SHORTHAND, a large-scale multi-jurisdictional operation across Queensland, NSW, ACT, Victoria, South Australia, and Western Australia, targeted the sale of illicit tobacco and vapes, including sales coordinated through online channels. 

The Combatting Illicit Tobacco Act 2026 strengthens penalties against illegal tobacco trade, though critics argue that it may not sufficiently address the underlying issues or deter criminals. The government's Illicit Tobacco and E-cigarette Commissioner values the illicit market at between $4.1 billion and $6.9 billion a year, with 50 to 60 per cent of all tobacco sold in Australia now illicit. 

The Scale of the Problem

The scale of illegal cigarette sales on social media platforms is significant and growing. In 2025, illegal cigarette sales volume more than doubled from 3.1 billion to 6.6 billion sticks, with predictions that 8 billion illegal cigarettes will be sold in Australia in 2026, supplying 80 per cent of total consumption. 

This growth is driven by several factors:

• High legal prices: Legal cigarettes Australia retail for $40 to $70 per pack, creating a massive price differential that drives demand for illicit alternatives. 

• Social media accessibility: Facebook Marketplace, Gumtree, and Instagram provide accessible, low-barrier channels for illegal sellers to reach consumers. 

• Enforcement gaps: Platform enforcement is primarily reactive, relying on user reports and media enquiries rather than systematic scanning. 

• Organised crime involvement: Illegal tobacco sales are increasingly controlled by organised crime syndicates, which have the resources and sophistication to evade detection. 

What More Can Be Done

To more effectively stop illegal cigarette sales on social media platforms, several additional measures could be taken:

Proactive Platform Scanning

Platforms could implement proactive scanning systems that systematically search for tobacco-related content, rather than relying solely on user reports.  This could include:

• Keyword and image recognition: Automated systems that identify tobacco-related keywords, images, and product listings. 

• Machine learning models: AI systems trained to detect tobacco-related content, including coded language and vague descriptions. 

• Cross-platform coordination: Sharing intelligence across platforms to identify and disrupt sellers operating across multiple channels. 

Stronger Government-Platform Cooperation

Government agencies could work more closely with platforms to share intelligence, coordinate enforcement actions, and develop joint strategies for disrupting illegal tobacco sales.  This could include:

• Information sharing agreements: Formal agreements for sharing data on illegal sellers and listings. 

• Joint operations: Coordinated enforcement actions targeting both online and offline illegal tobacco operations. 

• Platform accountability: Legislation requiring platforms to take proactive measures to prevent illegal tobacco sales, with penalties for non-compliance. 

Consumer Education

Consumers need to be educated about the risks of buying tobacco products through social media platforms, including:

• Legal risks: Purchasing illegal tobacco products is illegal and can result in penalties. 

• Health risks: Illicit tobacco products may contain unknown ingredients, higher nicotine levels, or contaminants. 

• Scam risks: Many illegal sellers are scam operations that take payment without delivering products. 

Conclusion

Facebook Marketplace, Gumtree, and Instagram are taking steps to stop illegal cigarette sales targeting Australian consumers, including policies prohibiting tobacco advertising, automated detection systems, and content removal.  However, enforcement gaps persist, with illegal sellers continuing to operate on these platforms with limited risk of detection.  Government agencies are taking increasingly aggressive action, including TGA investigations, website blocking, and fines, as well as ABF and ATO operations targeting the supply chain.  More proactive platform scanning, stronger government-platform cooperation, and consumer education are needed to more effectively stop illegal cigarette sales on social media platforms. 

My Cigs Australia provides information about tobacco products available in the Australian market, including details about cigarette brands and their availability through various channels across Australia. Consumers seeking tobacco products should be aware of legal requirements, health implications, and the risks of purchasing from illegal online sellers when making purchasing decisions.