New Smoking Laws in South Africa Propose Fines and Jail Time for Smoking Around Non-Smokers

The Department of Health has reintroduced the Tobacco Products and Electronic Delivery Systems Bill to Parliament, aiming to regulate the sale, advertising, and use of tobacco and vaping products across South Africa. This bill introduces some specific interventions and severe penalties for those who violate its regulations, while also aiming to protect public health by curbing smoking in certain spaces.

Contrary to some misconceptions, the Department of Health (DoH) is not seeking to completely ban tobacco or vaping products. Instead, these new laws aim to significantly limit access, particularly for children, dissuade people from starting smoking, and encourage current smokers to quit. The bill also addresses the need to reduce exposure to second-hand smoke, especially for non-smokers and children, by introducing strict regulations and harsh penalties for non-compliance.

Key Changes in the Bill

1. Regulating the Vape Market:
   One of the key focuses of the bill is regulating electronic nicotine and non-nicotine delivery systems, like vapes, which are currently operating in a legal grey area. The existing laws are outdated and don’t account for the latest advancements in vape technology, now in its fourth generation of products.

   A major concern highlighted by the DoH is the marketing of vape products to children and youth. However, many in the vaping community argue that this concern is overstated. While there are vape shops located near educational institutions, the idea that vaping products are specifically marketed towards children is an exaggeration. The majority of vape brands strictly adhere to responsible marketing guidelines, targeting adult smokers looking for a safer alternative to traditional cigarettes. The portrayal of vaping as being aimed at children is not reflective of the industry’s overall practices, and it’s important to note that most marketing is focused on adult smokers trying to transition away from cigarettes.

2. Plain Packaging:
   The new laws also impose strict packaging restrictions. Under these regulations, tobacco products will have standardized packaging with minimal branding. Logos, bright colors, and promotional designs will be prohibited. Instead, the packaging will feature only essential information such as health warnings, the brand name in a uniform font, and product details. The intention behind this is to reduce the appeal of smoking products and highlight the health risks associated with their use.
3. Bans on Product Displays and Vending Machines:
   The bill proposes a total ban on displaying tobacco and vape products at points of sale, which has historically been a powerful advertising tool. In addition, the use of vending machines to sell these products will also be prohibited. While vending machines have made cigarettes easily accessible to all ages, the new laws seek to prevent such easy access and exposure.
4. 100% Smoke-Free Public Spaces:
   Another significant change is the introduction of 100% smoke-free zones in all indoor public spaces and certain outdoor areas. This also extends to some private spaces, particularly in situations involving vulnerable groups such as children and employees in confined spaces. Smoking will be banned in private vehicles if children are present, as well as in enclosed workspaces and hospitality establishments. This is part of the government’s effort to ensure that non-smokers, especially children, are not exposed to second-hand smoke.

Penalties for Violating the Law

The proposed laws carry heavy penalties for those who fail to comply, with fines and jail time being among the consequences:

• A fine or up to three months in prison (or both) for smoking in designated smoke-free areas.
• A fine or up to six months in prison (or both) for smoking in the presence of a child or non-smoker.
• A fine or up to five years in prison (or both) for smoking in a private dwelling used for commercial childcare activities.
• A fine or up to ten years in prison (or both) for subjecting employees to smoke in the workplace or preventing them from exercising their rights to a smoke-free environment.

The Ongoing Process and Public Consultation

The bill was introduced to the National Assembly in May 2023, and public consultations have been conducted in several provinces, including the Eastern Cape, Free State, Gauteng, Limpopo, Mpumalanga, North West, and Western Cape. Consultations are still due in KwaZulu-Natal and the Northern Cape.

While the bill is largely supported by public health advocates for its potential to reduce smoking-related illnesses, it has also drawn criticism from those who feel that it could have adverse economic consequences, particularly for informal traders and small businesses. There are also concerns about the enforcement of these laws and the potential for job losses in the tobacco industry.

Overblown Concerns About Marketing to Youth

One of the most controversial aspects of the bill is its focus on the supposed marketing of vape products to children. Critics argue that this concern has been blown out of proportion. While it's true that vape shops may be located near universities and schools, there is no substantial evidence that these businesses are intentionally targeting children. The majority of marketing efforts in the vape industry are directed toward adult smokers who are looking for harm-reduction alternatives to traditional cigarettes.

Many within the vaping community believe that the government’s focus on youth marketing is a distraction from more pressing issues, such as the need for clear harm-reduction policies and public education on safer nicotine alternatives. Instead of framing vaping as a gateway for youth, critics suggest the government should focus on how these products can help adult smokers transition away from harmful tobacco products.

The full text of the proposed regulations can be read here

Conclusion

As the new Tobacco Products and Electronic Delivery Systems Bill moves through the legislative process, it’s clear that the South African government is committed to making sweeping changes in tobacco control. While the health risks of smoking are well-known, the debate around vaping, harm reduction, and the marketing of nicotine products will continue to be a contentious issue.

Stay tuned to see how these new laws will impact the vaping community, and follow Vape King for updates on how the legislation might affect your vaping experience.

- Sharri Van Zyl | 06/09/2024