There’s No Smoke Without Combustibles

Following the adoption of the motion of desirability in June this year, the Portfolio Committee on Health commenced its section-by-section deliberations on the Tobacco Products and Electronic Delivery Systems Bill (the “Bill”) in August. To date, the Committee has canvassed the Preamble and the definitions section of the Bill, with the illicit trade and the distinction between combustible and non-combustible products emerging as key issues.

The minutes of the Committee’s meeting suggest that the Committee recognises that its public health objectives may be undermined if steps are not taken to address the illicit trade and South Africa’s current enforcement capabilities. Several Committee members called for the Preamble to be amended to acknowledge that illicit tobacco undermines tobacco control measures and poses a significant public health risk. In closing, the chairperson acknowledged that a regulatory vacuum would persist if the issues associated with the illicit trade are not properly addressed. An amendment to the Preamble specifically addressing the illicit trade is therefore anticipated.

In addition to the illicit trade, there was considerable discussion regarding combustible and non-combustible tobacco products. There appears to be consensus that non-combustible products should be excluded from the definition of “smoke”. There also appears to be consensus on redefining “combustible” to exclude non-combustible tobacco products, and on introducing new defined terms, including “aerosol” and “vapour”.

These amendments will need to be made before the next round of deliberations can proceed.