Many of the changes in tobacco laws for South Africa have been postponed due to extensive consultation from the Government’s side. This year, there are a few new laws coming into play regarding the tobacco industry, including the ban of marketing tobacco products.
Many tobacco businesses are pushing back against these proposed laws as they feel that parliament will threaten operations and force many shops to go out of business.
The Tobacco Products and Electronic Delivery Systems Control Bill
The Tobacco Products and Electronic Delivery Systems Control Bill has been tabled before parliament since December 2022. This bill essentially started the process of developing proposed changes for the tobacco industry and smokers alike to be put into law.
There are still many steps involved before the bill can be passed – it has to proceed through the National Assembly, National Council of Provinces, and has to circle back to the president for approval. However, this new bill is already causing debate in the tobacco industry and is receiving pushback from those in the trade.
What Does This Bill Entail?
In essence, the bill entails the banning of smoking in outdoor areas and public places as prescribed by the minister, as well as bringing changes to the nature of packaging and advertising tobacco products. The laws will also touch on regulating the electronic cigarette market, which has previously been a grey area in the legal atmosphere.
Pushback From The Community And Concerns
The proposal of these laws has of course caused tobacco retailers to retaliate against the restrictions. Many retailers and tobacco shop owners have stated that these laws are ridiculous, as they equate to a total ban on tobacco sales within the country.
One of the biggest issues with the proposed bill includes banning the display of all tobacco related products. This includes the advertising of vapes, e-cigarettes, and heat-not-burn products. This will occur on a retail level as well as in specialised tobacco stores. There is fear that this extreme decision will curb those who are trying to quit smoking, as vaping products will no longer be an alternative option.
The proposed laws will essentially ban any form of advertising for tobacco and tobacco related products. Although this has been implemented in sponsorships and media for many years now, the new bill aims to further its reach.
Once the bill is enacted, no tobacco products will be permitted to be visible at point of sale systems. Retailers and wholesalers will only be allowed to present these products upon customer request.
Exact packaging for tobacco related products will also be enacted, relating to the packaging materials, typeface, and images on display. This includes making brand names or other identifiers as standard and generic as possible:
- Brand elements attached, on, or inside packaging as well as on individual tobacco products are prohibited
- Exceptions will be made for brand names and product names appearing in a standard typeface and colour
- Mandatory and permitted information, including health warnings, manufacturer details, images, and graphics must be indicated on the packaging of tobacco products
These laws also put pressure on the minister to make new regulations for the labelling and packaging of any electronic nicotine delivery systems, electronic non-nicotine delivery systems, and any tobacco devices. This will also most likely include standardised packaging of these devices.
The community has stated that these new tobacco laws will impact the industry on the same level as a complete ban of tobacco products would. This is especially true for specialist tobacco stores or stores that specifically sell these products.
Penalties For Going Against Legislation
The new bill goes as far as to penalize displaying a single tobacco product (even if it is accidentally left out on the counter) with a heavy fine or up to 10 years in prison. In some cases, both penalties may be implemented.
The National Department Of Health’s View
Despite all the backlash and criticisms against the proposed bill, The National Department of Health stands firm behind the proposed laws. They have stated that the bill’s main aim is to promote the general health of the public. It also aims to align with the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) treaty.
The National Department of Health also claims that the new bill will protect children from all the harmful effects of smoking, such as second-hand smoke. Their view is that these laws will also propose strong actions against those who are caught smoking around or near children.
Illicit Trade
In addition to closing small businesses in the tobacco sector, the new laws will also give over the remaining legal tobacco sector to organized criminals. This was also seen during the Covid-19 cigarette sales ban.
The Covid-19 sales ban serves as a lesson on the consequences of such laws being implemented, as the legal sector’s sales plummeted due to the fact that they were unable to sell products. Instead, the illicit tobacco market took over.
Counterfeit and illegal tobacco products became the only option for consumers, which holds a much bigger risk for the public. This echoes research results found by British American Tobacco South Africa (BATSA) on the banning of tobacco products.
BATSA made an announcement in January 2023 that the organization would be retrenching a number of workers in South Africa. Around 200 positions were affected – a direct result of the cigarette sales ban.
They have stated that it is necessary for them to restructure their business in South Africa due to the continuous loss in cigarette volumes. They have blamed the rise of the illicit market operating in South Africa, which only gained power during the 2020 lockdown and cigarette sales ban in the country. The illicit market has only grown since then.
The new proposed tobacco laws for South Africa will have a detrimental effect on the tobacco industry once they are enforced. This effect will negatively affect tobacco retailers, consumers, and the growth of the illicit tobacco industry. However, there are still many steps that need to be taken before the laws are passed and enforced. These are simply proposed laws and enforcements that are planned for South Africa’s tobacco industry in 2023.
