AWARENESS PROJECT: VAPING AND THE LAW (PART 2)
- Isabel Spies
- 2 days ago
- 6 min read
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The proposed Tobacco Products and Electronic Delivery Systems Control Bill, currently before parliament,
aims to regulate these products, ban certain flavours, restrict advertising,
and enforce age limits (prohibiting sales to those under 18).
CURRENT STATUS:
PARLIAMENTARY PROCESSING:
The Bill was tabled in the National Assembly in December 2022 and referred to the Portfolio Committee on Health.
The Committee is actively processing the bill, including the consideration of public and stakeholder input.
PUBLIC PARTICIPATION:
Public hearings and calls for comments have been conducted across all provinces.
The input received shows a significant split in opinion, balancing public health concerns against potential economic impacts on the informal sector and the growth of illicit trade.
RECENT ACTIVITY:
The committee held a meeting on November 11, 2025, to consider the public submissions.
A new socio-economic impact assessment may be commissioned to address concerns that the previous one is outdated.
NEXT STEPS:
Following the completion of the parliamentary committee's work and potential amendments, the Bill will proceed to further stages in the legislative process:
NATIONAL ASSEMBLY (NA) VOTE:
The Portfolio Committee on Health will report to the National Assembly, which will then vote on the Bill.
NATIONAL COUNCIL OF PROVINCES (NCOP) REVIEW:
If passed by the NA, the Bill will be sent to the NCOP for consideration and provincial public hearings.
PRESIDENTIAL ASSENT:
If the NCOP passes the Bill (or a mediation committee resolves any disagreements), it will go to the President for his assent and signature to become an Act of Parliament.
KEY PROPOSED CHANGES:
The Bill aims to repeal the current Tobacco Products Control Act of 1993 and align South African law with the World Health Organisation Framework Convention on Tobacco Control:
100% SMOKE-FREE AREAS:
All indoor public places and certain outdoor areas would become completely smoke-free.
REGULATION OF VAPES:
Electronic delivery systems (e-cigarettes, vapes) would be regulated for the first time.
PLAIN PACKAGING:
Standardised, plain packaging with graphic health warnings and pictorials would become mandatory.
BAN ON DISPLAY AND VENDING MACHINES:
The display of tobacco products at points-of-sale would be prohibited, as would sales via vending machines.
STRICTER ADVERTISING RULES:
A total ban on all advertising, promotion, and sponsorship of tobacco products and electronic delivery systems.
Public health experts and organisations like the Cancer Association of South Africa (CANSA) are urging the government to implement this bill urgently to address what is being called a "public health crisis".
OTHER KEY PROGRAMS AND INITIATIVES:
Organisations like the Cancer Association of South Africa (CANSA) and the National Council Against Smoking (NCAS) are central to these efforts.
"PROTECT OUR NEXT":
This is a collaborative initiative by South Africa's leading health and community organisations, including CANSA and NCAS.
The campaign aims to protect young people from the predatory tactics of the tobacco and e-cigarette industries.
"Stop sliding into my DMs":
A social media campaign launched by Protect Our Next in 2024 to highlight the aggressive and stealthy digital marketing tactics used by "Big Tobacco" to target youth, empowering young people to resist these practices.
SCHOOL OUTREACH:
The campaign includes "Tobacco-free Assemblies" and other interactive educational sessions within schools to debunk misinformation and equip students with science-based facts about vaping risks.
YOUTH-LED ADVOCACY:
The South African Tobacco Free Youth Forum (SATFYF) has organised youth-led marches and protests to raise awareness and pressure parliament to pass the new Tobacco Control Bill.
CANSA's AWARENESS AND CESSATION SUPPORT:
EDUCATIONAL CAMPAIGNS:
CANSA actively runs campaigns in schools and communities to educate on the risks of vaping, emphasising that it is not a safe alternative to smoking.
CESSATION PROGRAMS:
For those who are already addicted, CANSA offers resources and guidance, including a free online smoking cessation program.
KWA-ZULU NATAL HEALTH DEPARTMENT CAMPAIGN:
The KZN health department has specifically launched its own anti-vaping campaign to address the crisis in the province.
GOVERNING BODY FOUNDATION (GBF) RECOMMENDATIONS:
The GBF encourages the inclusion of a ban on vaping in official school codes of conduct to foster safe learning environments.
CURRENT PREVENTION MEASURES TO REDUCE VAPING:
CURRENT LEGISLATION AND INDUSTRY MEASURES:
AGE RESTRICTION:
South African law currently prohibits the sale of all tobacco products and vaping devices to individuals under the age of 18.
INDUSTRY SELF-REGULATION:
The Vapour Products Association of South Africa (VPASA) has a Youth Access Prevention (YAP) campaign with a code of conduct for its members.
This includes:
Rigorous age verification at points of sale and online, sometimes implementing a "Challenge 25" policy where ID is requested from anyone who appears under 25.
Restrictions on marketing that target young people, with members adhering to the Advertising Regulatory Board (ARB) Vaping Code.
Collaboration with courier companies to ensure age verification upon delivery.
TAXATION:
Vaping products have been subjected to higher taxes to make them less affordable and discourage youth uptake.
The Tobacco Products and Electronic Delivery Systems Control Bill represents one of the most significant public-health interventions of the past decade, reflecting a national effort to curb the escalating harms associated with smoking and vaping, particularly among South Africa’s youth.
The extensive parliamentary process, wide-ranging public participation, and ongoing socio-economic assessments demonstrate the complexity and urgency of this legislation. While stakeholders remain divided on economic implications and market restrictions, the evidence of a growing health crisis has strengthened calls for decisive regulatory action.
As the Bill moves toward its final legislative stages, its success will ultimately depend on strong enforcement,
continued public education, and collaborative efforts between government, civil society, schools, and health organisations.
If enacted, the Bill has the potential to significantly reduce youth exposure, protect vulnerable communities,
and align South Africa with international best practice in tobacco and vaping control.
READ OUR PREVIOUS PROJECT FOR CONTEXT:
(LINK)
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