Proposed tobacco bill 'outdated, short-sighted and unscientific’

The new legislation will ban cigarettes, vapes and e-cigarettes from creating the impression that a particular tobacco product is less harmful than another. Picture: African News Agency(ANA)

The new legislation will ban cigarettes, vapes and e-cigarettes from creating the impression that a particular tobacco product is less harmful than another. Picture: African News Agency(ANA)

Published Jun 2, 2023

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Cape Town - Parliament is reviewing the government’s proposed anti-smoking law, which recommends a fine or imprisonment not exceeding six months or both for smoking or vaping in front of children or non-smokers, be it in a room, a car or any public space outdoors.

A Health Ministry briefing to Parliament’s portfolio committee on health told MPs that among the strict measures the Tobacco Products and Electronic Delivery Systems Control Bill proposes are health warnings with graphic pictures on the packaging of all tobacco and related products.

The bill also said that packaging or labelling should not be false, misleading, deceptive or likely to create any erroneous, deceptive or misleading impression about the product’s characteristics or properties “such as health effects, composition, merit, hazards or emissions”.

The new legislation will ban cigarettes, vapes and e-cigarettes from creating the impression that a particular tobacco product is less harmful than another, for instance that it has “vitalising, energising, healing, rejuvenating, natural or organic properties or a flavoured taste”.

The proposed bill has annoyed a group of medical experts under the umbrella of the the Africa Harm Reduction Alliance (AHRA).

AHRA president Dr Kgosi Letlape and secretary-general Dr Delon Human said the bill “is outdated, short-sighted and unscientific and will condemn millions of South Africans to continue smoking deadly cigarettes”.

In a statement AHRA said the bill and the department had ignored international evidence, and that by treating “safer nicotine alternatives” the same as traditional combustible cigarettes, the bill squanders the chance of a smoke-free future for South Africa.

An ophthalmologist and former head of the South African Medical Association, Dr Kgosi Letlape said: “It’s been scientifically proven that modern non-combustible products, like vapes, oral nicotine pouches and heated tobacco products, are significantly less harmful than cigarettes and are the most effective tool for helping smokers quit.

“Applying anti-tobacco policies to smoke-free nicotine alternatives would mean that many smokers desperate to quit will in fact be criminalised and be prevented from making the switch that could help save their lives.”

Dr Letlape quoted research that said in South Africa at least one in five adults smokes cigarettes.

He said if a smoke-free status was the objective of the bill, it should adopt a more scientific approach “like Sweden, set to achieve smoke-free status this year”.

“We should be following the science, instead of blocking access to less harmful smoke-free alternatives for adult smokers who are simply trying to quit their cigarette habit.”

The SA Revenue Service hit vapers in their pockets yesterday with the new excise duty taxes on vaping products announced by the finance minister as his February 2022 budget took effect.

As of yesterday, nicotine and nicotine-substitute solutions in vaping products will be included in the tax net with a flat excise duty rate of R2.90 per millilitre.

Taxing of Vaping Tobacco products by SARS began on June 1

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