Tobacco Bill Submissions Now Open: Citizens must have their say

The Portfolio Committee on Health has invited South African individuals and relevant stakeholders to submit written comments on the Tobacco Products and Electronic Delivery Systems and Control Bill.
“While the Bill aims to ‘reduce the prevalence of tobacco use and nicotine dependence’; it does not take into account the South Africans who will have to live with the consequences of its impractical application,” says Kurt Yeo, co-founder of consumer advocacy group, Vaping Saved My Life (VSML).
Vaping is not smoking
What concerns him most is that the Bill applies the same restrictions to smoking and vaping, despite the latter being scientifically proven to be 95% less harmful and effective in helping smokers quit.
“This does not make sense if the primary goal is to reduce the harm associated with smoking. In other countries, tobacco harm reduction is recognised as a health strategy, but not in South Africa.”
“One has to wonder why this is when governments like those in the UK are equipping one million smokers with vapes in order to improve the nation’s health and reduce smoking rates.”
While all nicotine-containing products cause a range of harm from very little (as in the case of nicotine patches and vapes) to extremely high (as with cigarettes and cigars), he stresses that regulating these in the same way does not make any sense.
“The South African government should table a risk-proportionate approach where the main regulatory levers are applied differentially.”
Compared to criminals
Another area of concern is that should vapers and vape store owners fail to adhere to the regulations; they could end up serving time in jail.
“In many cases, the sentences they could receive are the same as those given to convicted felons by South African courts,” shares Yeo. “But we are not criminals!”
For example, under the Bill, a vape shop owner must keep vape items out of the public’s sight and may face a ten-year prison sentence for informing an adult buyer about different or new vape products.
“Essentially, those who are found to be in breach of this regulation will net the same jail time as a local musician and his friend whose involvement in an illegal drag race resulted in the death of four children,” he explains.
“Even vaping in the privacy of one’s own home could see vapers being incarcerated for five years if the residence is used for private tutoring, domestic labour, or any other kind of work – the very term given to a former crime intelligence boss who kidnapped and assaulted his ex-partner,” adds Yeo.
“Additionally, as the Bill currently stands, any law enforcement officer, upon receiving a complaint, has the authority to enter premises either with or without a warrant to seize a vaper.”
“And while it is best to be a courteous vaper, this begs the question: to what extent should the government be permitted to intrude on a person’s private space?” he asks.
Have your voice heard
“This Bill is idealistic and based purely on a few select figures, but not on the input of the very people whom it will ultimately impact – smokers wanting a less harmful alternative, vapers afraid of reverting to smoking and small businesses within the vaping industry – 30% of which will be forced to close due to regulations prohibiting online sales,” points out Yeo.
He concludes by saying, “I encourage all South African smokers, vapers and industry stakeholders to thoroughly read through the Bill and to share their concerns about this pending legislation with the Committee.”
“This is your chance to speak up.”