SA’s Tobacco Bill landmark for public health, lobby group says

South Africa’s Tobacco Bill will help to save lives and protect children from harms caused by smoking the commodity, Bintou Bityeki, the Africa programs director for the lobby group Campaign for Tobacco-Free Kids said Wednesday.

This comes as big tobacco producers BAT South Africa, Philip Morris, and others are pushing for the separation of legislation between traditional cigarettes and new smokeless alternatives. The Tobacco Products and Electronic Delivery Systems Control Bill is a proposed South African law that aims to strengthen public health by regulating the sale, advertising, and use of tobacco and electronic nicotine/non-nicotine delivery systems, such as vaping devices.

Bityeki has described the draft legislation as a “landmark public health bill” that will “provide an important example for tobacco control efforts across Africa” when adopted.

“The Campaign for Tobacco-Free Kids strongly supports the proposed measures as the country looks to protect current and future generations from the deadly harms of tobacco use and nicotine addiction,” said Bityeki in a statement.

In its current format and once adopted, the bill will make mandatory several evidence-based measures that will protect more than 60 million South Africans. These include the setting up of 100% smoke-free indoor public spaces, some smoke-free outdoor spaces and plain packaging with graphic health warnings on e-cigarettes and tobacco products.

Big tobacco companies are pushing for the incorporation of science based provisions, arguing that e-cigarettes and other smokeless tobacco products actually help to reduce harm from smoking. They also argue that adult smokers should be given a less harmful option to continue consuming nicotine at a time the World Health Organisation, which says smoking is harmful, is urging its use to be eliminated. 

 The proposed law also introduces fresh regulations on e-cigarettes including new restrictions on advertising.

South Africa’s 2021 Global Adult Tobacco Survey shows that e-cigarettes are most commonly used by young people aged 15 to 24 while a 2023 survey of university students found that more than 26% used e-cigarettes, with those exposed to e-cigarette advertising and promotion more than three times as likely to be users. This highlighted the need for regulation.

The law will also prohibit vending machines sales of e-cigarettes and tobacco products. The Campaign for Tobacco-Free Kids says this makes harmful products easily accessible to youth as the age of the purchaser cannot be verified.

“These important measures will close current loopholes that have been continuously exploited by the tobacco industry, protect South Africans from addiction and ease the enormous burden tobacco places on South Africa's healthcare system, economy and environment. Without urgent action from South Africa and other countries around the world, tobacco use will kill one billion people worldwide this century,” argued Bityeki.

However, other health experts and scientists argue that heated tobacco products expose users to significantly fewer harmful chemicals as opposed to combustible cigarettes.

Speaking at the Wellness Collective in Johannesburg last week, Dr Vivian Manyeki, a public health physician and epidemiologist at Kenyatta National Hospital, said that although the Tobacco Bill addresses gaps in youth access control and advertising, it risks placing combustible cigarettes and significantly less harmful nicotine products under the same strict regulations.

British American Tobacco South Africa (BATSA) also reckons that proper regulation of less harmful tobacco products can help accelerate the transition to a smoke-free South Africa.

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