The Tobacco Control Bill

Understanding the Tobacco Control Bill

Current Legislation: The Tobacco Products Control Act 83 of 1993 

The Tobacco Products Control Act 83 of 1993, as amended by General Law Fifth Amendment Act 157 of 1993, Tobacco Products Control Amendment Act 12 of 1999, Tobacco Products Control Amendment Act 23 of 2007, and Tobacco Products Control Amendment Act 63 of 2008, is the primary tobacco control law of South Africa. It governs, among other things, smoking restrictions; tobacco advertising, promotion and sponsorship; and packaging and labeling. The version of the Act available here is current through the 2008 amendments.

Proposed Legislation: The Control of Tobacco Products & Elecronic Delivery System

The new Control of Tobacco and Electronic Delivery Systems Bill will make it easier for South Africans to choose smoke-free lives, regulate the danger of e-cigarettes and decrease the impact of second-hand smoke on the majority of the population, who are non-smokers.

The Bill asks to :

  • provide for control over smoking; to regulate the sale and advertising of tobacco products and electronic delivery systems;
  • regulate the packaging and appearance of tobacco products and electronic delivery systems;
  • make provision for the standardisation of their packaging;  
  • provide for standards in respect of the manufacturing and export of tobacco products and electronic delivery systems;  
  • prohibit the sale of tobacco products and electronic delivery systems to and by persons under the age of 18 years;  
  • prohibit the free distribution of tobacco products and electronic delivery systems;  
  • prohibit the sale of tobacco products and electronic delivery systems by means of vending machines;  

Why is taking time to implement?  

  • Tobacco industry profits are at the expense of addicted smokers, their families, and public health.   
  • A large body of evidence demonstrates that tobacco companies use a wide range of tactics to interfere with tobacco control 
  • Such strategies include direct and indirect political lobbying and campaign contributions, financing of research,  
  • The Tobacco Industry affect the course of regulatory and policy machinery and engaging in social responsibility initiatives as part of public relations campaigns.