There are serious legal consequences for contravening drugs misuse and poisons laws in Queensland. I believe that legally and ethically the industry must work together to ensure that social tonics are both legal and safe.

Some would argue that these products are extremely contentious so why sell them at all? I believe that Adult Products by their nature have always been on the fringe of the law, controversial and sometimes in a grey area and open to interpretation. Adult products is a niche product sold by ‘retailing pioneers’ who retail goods too controversial for other retail. When they become mainstream they will be available in Woolworths and there are already moves in this direction. When deciding on a product we need to tick three boxes. (1) Is it appropriate? (2) Is it legal? (3) Is it safe?

There are many products (in most industries) which by virtue of a small change or their intended use make them either legal or illegal. Handcuffs are illegal however if a quick release enabling someone cuffed to release is available then they become legal. Electrical ties used by law enforcement around the world as cuffs are legal to purchase but illegal if used to restrain.

There are many anomalies and grey areas within the law including intention. Our goal at BeDaring particularly with such serious consequences is to absolutely stay on the right side of the law. All product MUST be compliant with Federal and Qld Law.

To this end at BeDaring we arrange monthly lab testing and reports to ensure compliance. We have just commenced alternating labs so that we get two independent reports. The incense product that we sell is a libido enhancer sold for bedroom use. This is made clear to our staff who have training notes for this. We also have

  • 25+ rule similar to hotels in that any customer who looks under 25 is asked for ID. We have signage in our stores reinforcing this
  • Instore signage advises that we do not sell anything designed to simulate scheduled substances.
  • Incense is not located in the smoking section so that there is no association.
  • Every product has a flyer attached explaining use and includes a number of cautions and the poisons hotline.
  • We only carry Eros hologram product

Our vision for the future

  • Industry MUST work together. Eros has a big part to play driving and coordinating this and setting benchmarks.
  •  Continued development of the hologram program. We would like to see this go further with additional requirements for wholesalers
  • Continue to professionalise the industry.
  • Safety issues need to be addressed. Some of these compounds have no data but this issue needs to be addressed going forward. They need to be proven reasonably safe. ‘Mother Energy Drinks’ in the US is being sued. The industry does not want to be responsible for a death or injury.

Keith Boswell
Managing Director – BeDaring