New smoking laws for South Africa want fines and jail time for lighting up around non-smokers
The Department of Health has re-presented the Tobacco Products and Electronic Delivery Systems Bill to the portfolio committee on health, kick-starting the process to get the laws passed once again.
Broadly, the Bill is proposed legislation that will regulate the sale, advertising, and use of tobacco products and electronic delivery systems. However, it also introduces very specific interventions—and harsh penalties for violating them.
The Department of Health (DoH) said that it is not trying to outright ban tobacco and smoking in South Africa, but the new laws do have the goal of severely limiting access to these products—especially by children—dissuading the adoption of the habit, and encouraging those who smoke to quit.
Notably, the new laws also want to curb exposing children and non-smokers to those who persist in the habit and are seeking to impose harsh penalties on those who do.
The headline changes in the bill include:
- Regulating the burgeoning electronic nicotine and electronic non-nicotine delivery system market (ie, vapes)
- Introducing plain packaging with graphic health warnings and pictorials
- A total ban on the display of products at point of sale
- A total ban on vending machines for these products and
- Introducing 100% smoke-free areas in indoor public places and certain outdoor areas
Regulating Vapes
Regarding vapes and other electronic delivery systems, the department noted that the current laws are completely out of date with developments in this sector, which is already in its fourth generation of products.
Worryingly, the department flagged a trend of these products being marketed and packaged in ways that are appealing to youth and children.
Citing research from the Africa Centre for Tobacco Industry Monitoring and Policy, the department said that, of at least 240 vape shops in South Africa, 39% are within a 10km radius of a university or college campus, shooting up to 65% when extended to 20km.
“It is important to note that nicotine is addictive, and unsafe when used under no control measures. There are many other ingredients in e-cigarettes that are known to be harmful and need to be controlled.
“The use of the products, the ingredients, the interaction of ingredients, and their reactions in the body requires understanding,” it said.
“Perpetuation of addiction is not the answer considering how these products are marketed. Causal factors such as mental health need consideration, especially in a country with all the socio-economic challenges. These newer products cannot be given freely or be a solution to addressing all these problems.”
Plain packaging
Under the new laws, packaging of tobacco products will be severely limited, with restrictions or prohibitions on colours, logos, brand images and promotional information and design elements.
Instead, the packages will contain only:
- Health warnings
- Same colour on the allocated brand portion
- Brand and manufacture’s name
- Contact details
- Quantity of product