No health warnings? Vapes may get different treatment under new tobacco law

South Africa’s proposed new tobacco control law could treat vapes and other non-combustible nicotine products differently from traditional cigarettes, following discussions in Parliament this week.

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The Portfolio Committee on Health was briefed by the Department of Health on responses to issues raised during public hearings on the Tobacco Products and Electronic Delivery Systems Control Bill.

While the bill broadly aims to tighten regulation of tobacco and nicotine products, lawmakers are now debating how vapes and smokeless products should be classified under the legislation.

Committee chairperson Faith Muthambi said the goal is to reduce smoking-related harm while ensuring the law is practical and enforceable.

“Our role as a Committee is to ensure that this bill effectively reduces the burden of disease caused by smoking and exposure,” she said.

Vapes and smokeless products in focus

A key point of discussion during the briefing was whether non-combustible products – such as vapes and certain smokeless tobacco products (snus, chewing tobacco, nicotine pouches) – should be regulated in exactly the same way as traditional cigarettes.

The Committee said their main goal is to reduce smoking-related harm. Image: Unsplash

The Department of Health indicated that some packaging and labelling requirements designed for combustible tobacco products may not apply to certain non-combustible products.

Committee members welcomed this concession, saying it shows progress in addressing concerns raised during public consultations.

However, MPs said the approach should be applied more consistently across the legislation, particularly where the bill distinguishes between combustible and non-combustible products.

Concerns over definitions and enforcement

Lawmakers also raised concerns about how the bill defines combustible products, suggesting the definition should focus specifically on ignition and burning to avoid confusion.

The issue is significant because it determines which tobacco products fall under stricter rules.

Members also questioned whether government has enough law enforcement capacity to implement the proposed regulations effectively.

The committee further highlighted the need to balance public health goals with economic considerations such as jobs, tax revenue and investment in the sector.

The bill remains under review as Parliament continues to consider proposed amendments following public submissions.

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