South Africa Reboots Tobacco Control Act: Planning to Unify the Package of Vapes

According to BusinessTech's report on August 13th, the South African "Tobacco Products Control and Electronic Delivery Systems Bill" has been revived by Parliament after lapsing at the end of the previous government's term, and has now entered the further processing stage. The bill was first introduced in December 2022 in the National Assembly and has now been included in the agenda of the seventh government.

According to reports, the proposed bill aims to strengthen public health protection measures by aligning current smoking control legislation with the requirements of the World Health Organization's Framework Convention on Tobacco Control. The legislation under consideration would regulate the sale, advertising, and use of tobacco products and electronic delivery systems. Specific provisions include:

Strengthening the standards for the processing, manufacturing, and importing of products and related products.

Regulate advertising of tobacco products and electronic delivery systems.

Standardizing the packaging and appearance of tobacco and electronic delivery system products.

Smoking is prohibited in all indoor public areas and "designated outdoor areas.

Prohibition of cigarette vending machines.

Mandatory adoption of "simplified packaging with graphic health warnings";

It is prohibited to display tobacco products and electronic delivery systems at retail locations.

The reintroduction of this bill has provoked mixed reactions. Dr. Sharon Nyatsanza of the National Coalition Against Smoking (NCAS) stated that this legislation is an important step towards promoting a healthier society. She said:

By aligning domestic legislation with global standards, a strong tobacco control policy is crucial in reducing the burden of non-communicable diseases in South Africa and supporting the sustainable implementation of national health insurance. The measures in this bill will help reduce tobacco use, exposure to secondhand smoke, and youth smoking.

Dr. Catherine Egbe, head of the Global Adult Tobacco Survey in South Africa (GATS-SA), emphasized the need to pass the bill as soon as possible.

According to GATS-SA data, 29.4% of individuals aged 15 and over, totaling 12.7 million people, are using tobacco, facing serious health risks such as cancer, cardiovascular diseases, and respiratory diseases. The phenomenon of adolescents using e-cigarettes is also on the rise, raising concerns about nicotine addiction and long-term health effects, especially on the developing brains of young people.

Dr. Egbe stated that the proposed measures in the bill are an effective strategy to reduce tobacco and e-cigarette use, and should be urgently implemented, along with an increase in taxes.

Our government has access to all the research that can support every evidence-based measure in the bill and should not be influenced by misleading information.

It has been reported that the National Assembly Health Committee, a former parliamentary subcommittee, had called for written submissions on the bill. A nationwide public hearing subsequently ended in December 2023. Throughout this process, media statements from the committee largely indicated broad principle support for the bill's health-related objectives. However, there are still many pressing issues to be addressed at the operational level. These include:

The likelihood of an increase in illicit tobacco product trade.

The potential decrease in tax revenue from the production and sale of legal tobacco products and electronic delivery systems;

There is insufficient attention given to the impact on small and medium-sized informal traders, especially retailers of single cigarette sales.

Monitoring and enforcement capabilities are inadequate.

Despite the prevalence of the cigarette market in South Africa, illegal trade is rapidly growing. Opponents of the legislation believe that such laws could further fuel the development of the illegal market.

The South African Legal Academy (SA Legal Academy) mentioned:

Given these issues, it is currently unclear how the new National Assembly Health Committee will address them.