Parliament to decide on new tobacco Bill

Anyone selling cigarettes to a minor could be fined, or sentenced to up to 15 years in prison.

This would include companies which distribute any confectionery, toy or item which resembles or is likely to promote related reduced-risk products.

The new Tobacco Products and Electronic Delivery System Control Bill is before parliament as South Africa forges ahead with proposed legislation that introduces strict antismoking rules and regulates e-cigarettes.

The Bill proposes the legislation of electronic nicotine and non-nicotine cigarettes for the first time and the introduction of 100% smoke-free areas.

It seeks to change how cigarettes are packaged, recommends the use of graphic warnings and a total ban on the display points of sale and vending machines for tobacco products.

Speaking during a tobacco control webinar on Wednesday, the health department’s Dr Tshimi Lynn Moeng-Mahlangu said the draft Bill would repeal the Tobacco Products Control Act of 1993.

It aims to promote public health and align with the World Health Organisation (WHO) Framework Convention on Tobacco Control treaty.

“When amendments were introduced in the old Act, we realised the amendments were more than 50%, which means it would be more like a new Act altogether,” said Moeng-Mahlangu.

“So, we were legally advised that we need to come up with a completely new Bill.”

She said the current Act did not allow the regulation of e-cigarettes and vaping products.

“So, the other challenge is that there’s easy access [to] all these new products, increasing exposure to children and everyone. There’s no control.”

Moeng-Mahlangu said e-cigarettes will continue to flood the market and government will fail to enforce these products if they remain unregulated.

“Another option I think a lot of industry players would promote is that we should educate people, do more research and monitor.”

However, she believes education alone will not deter people from using these products.

“Therefore, you need to also create an environment that is inhibiting access to these products.”

She thinks government needs to control the marketing and use of all emerging innovative products which have proved to be harmful.

Citing the Global Adult Tobacco Survey 2021, Moeng-Mahlangu said 25.8% of South Africans aged 15 and above are tobacco smokers.

“In some shops, you can see cigarettes are placed next to sweets, which means even children can have access to them.”

She said tobacco-related illnesses cost the country about R42 billion whereas the industry contributes R12 to R15 billion to the fiscus. –