The Control of Tobacco Products and Electronic Delivery Systems Bill, first introduced in the National Assembly in 2022, has been dusted off by Parliament for further processing, eliciting mixed reactions.
The intention of the Bill is to “strengthen public health protection measures’ by aligning prevailing tobacco control legislation with World Health Organisation (WHO) Framework Convention on Tobacco Control imperatives, reports BusinessTech.
Among other things, it seeks to:
• Impose stricter product and related product processing, manufacturing and import standards;
• Regulate tobacco product and electronic delivery system advertising;
• Standardise the ‘packaging and appearance’ of tobacco and electronic delivery system products;
• Prohibit smoking in all indoor public places as well as ‘certain outdoor areas’;
• Ban cigarette vending machines;
• Make ‘plain packaging with graphic health warnings and pictorials’ mandatory; and
• Ban the display of tobacco products and electronic delivery systems at points-of-sale.
Dr Sharon Nyatsanza of the National Council Against Smoking (NCAS) said the legislation represented a significant step towards promoting a healthier society.
“Strong tobacco control policy is central to reducing South Africa’s heavy burden of non-communicable diseases and will support sustainable implementation of (the) NHI by bringing domestic legislation closer to global standards,” she said.
The lead investigator of the Global Adult Tobacco Survey-South Africa (GATS-SA), Dr Catherine Egbe, of the South African Medical Research Council (SAMRC), said research showing a high prevalence of tobacco usage among South Africans, “highlights the urgent need to pass the Bill as soon as possible”.
She added that e-cigarette use among youth was also on the rise, raising concerns about nicotine addiction and long-term health implications, especially for young people.
A youth advocate from the South African Tobacco-Free Youth Forum, Lesego Mateme, said: “It is clear that the youth are the targets of the aggressive marketing tactics of the tobacco and e-cigarette industries – tobacco and emerging tobacco products should be viewed as threats to our generation.”
Not everyone on board
The National Assembly Health Committee had previously called for written submissions on the Bill, with nationwide public hearings also being held, ending in December 2023. While there tended to be widespread in-principle support for the Bill’s health-related objectives, at a more practical level, other concerns were raised.
These included:
• Possible job losses in the industry should manufacturers downsize in the face of more onerous, costly regulatory requirements;
• The consequential likelihood of increased trade in illicit tobacco products;
• A possible reduction in tax revenue from the production and sale of legal tobacco products and electronic delivery systems;
• Inadequate attention to the Bill’s implications for small and informal traders (especially those selling single, loose cigarettes);
• Inadequate attention to the Bill’s implications for tobacco farmers (especially small-scale and emerging farmers); and
• Inadequate monitoring and enforcement capacity.
BusinessTech article – New smoking laws for South Africa are back (Open access)
See more from MedicalBrief archives:
Tobacco firms aggressively targeting youth – SAMRC
SA must consider best interests of children in regulating and controlling e-cigarettes
Passing of Tobacco Bill urged for SA and its 12.7m smokers
Health Department defends Tobacco Bill