South Africa reactivates the Tobacco Control Act
The South African Tobacco Products Control and Electronic Delivery Systems Bill has been revived by Parliament for further processing after it lapsed under the previous government. The Bill was first introduced in the National Assembly in December 2022. It is now on the agenda of the seventh government. Experts say the bill is an effective strategy to reduce the use of cigarettes and vapes. Should be implemented on an emergency basis with an increase in taxes.
The South African Tobacco Products Control and Electronic Delivery Systems Bill has been revived by Parliament for further processing after it lapsed under the previous government, reports Business Tech on August 13th. The bill, which was first introduced in the National Assembly in December 2022, is now on the agenda of the seventh government.
Unify the packaging of vape products
It is reported that the bill hopes to buttress the need for the Framework Convention on Tobacco Control (FCTC) by linking existing tobacco control legislation to the World Health Organization (WHO) and then “strengthen public health safeguards.” The proposed legislation would regulate the sale, advertising, and use of cigarette products and electronic delivery systems. Specifics include:
- Strengthening standards for the processing, production, and importation of commodities and related products;
- Standardizing the advertising of cigarette products and electronic delivery systems;
- Standardizing the “look and feel” of cigarette and electronic delivery system products;
- Banning smoking in all indoor public places and “designated outdoor areas”;
- Banning the use of tobacco vending machines;
- Mandatory choice of “simple packaging with graphic health warnings”;
- A ban on the display of cigarette products and electronic delivery systems at the point of sale.
The reintroduction of this bill has caused mixed reactions
The reintroduction of this bill has caused mixed reactions. Dr. Sharon Nyatsanza of the National Council Against Tobacco (NCAS) said the legislation is an important step towards promoting a healthier society. She said:
- “By bringing domestic legislation closer to global standards, strong tobacco control policies are key to the important task of reducing non-communicable diseases in South Africa and supporting the sustainable implementation of health insurance in China. The measures in the bill help to reduce cigarette use, secondhand smoke exposure, and youth smoking.”
Dr. Catherine Egbe, head of the South African project Global Adult Cigarette Survey South Africa (GATS-SA), was among those who noted that the bill should be passed as soon as possible:
- “According to SA data, 29.4% or 12.7 million people aged 15 years and older are using cigarettes and are exposed to serious health risks such as cancer, cardiovascular and respiratory diseases. The use of e-cigarettes by teens is also on the rise, which raises concerns about nicotine addiction and long-term health effects, especially on the brains of young people who are still developing.”
Dr. Egbe said the measures proposed in the bill are effective strategies to reduce the use of cigarettes and e-cigarettes and should be implemented in emergencies, as well as increasing taxes.
- “Our government has all the research that can support every evidence-based measure in the bill and should not be misled.”
A solution to be solved
The National Assembly Health Committee under the former parliament reportedly called for written submissions on the bill. The national public hearings ended in December 2023. During the process, the committee’s media statements generally pointed to general principled support for the bill’s health-related goals. However, from a practical standpoint, there are still many pressing issues that need to be addressed. Including:
- The potential for increased trade in illicit cigarette products;
- The potential for reduced fiscal revenues from the production and sale of legal cigarette products and electronic delivery systems;
- Insufficient attention to the impact of small, medium, and informal traders (particularly individual tobacco sellers);
- Lack of surveillance and enforcement capacity.
While South Africa’s cigarette market remains prevalent, its illicit trade is also growing rapidly. Opponents of the bill argue that such legislation could further facilitate the growth of the illicit industry.
The South African Law Academy (SA Legal Academy) mentioned:
- “With these issues in mind, it is unclear how the new National Assembly’s Health Committee will deal with it.
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