Vaping industry will be ’destroyed’ if new tobacco bill becomes law, warns association

THE VAPOUR Products Association of South Africa (VPASA) say it fears that the vaping industry in South Africa could be decimated should the new tobacco bill become law.

The government is determined to make smoking tougher in South Africa with its latest tobacco plan. The laws will include tighter regulations on e-cigarettes and vaping devices.

The Department of Health hopes the Tobacco Products and Electronic Delivery Systems Control Bill will discourage people from smoking and encourage users to quit.

Laws such as smoking or vaping in private in the presence of a child or non-smoker will be forbidden, and plain packaging with limited branding will also appear on cigarette boxes.

In addition, it is claimed the bill highlights the minister’s powers to prohibit e-liquid or vape juice.

Asanda Gcoyi, CEO of VPASA, said should the bill be put into law, it could signal the end of the vaping industry in the country.

“The vaping industry as we know it in South Africa will be completely destroyed,” Gcoyi said. “The vaping industry was taken aback by the extensive revisions made to the bill since it was first published in 2018.

“While the Cabinet statement announcing the adoption of the bill noted that the Department of Health had conducted extensive consultations, it conveniently failed to state that other than anti-tobacco campaigners, no other stakeholders had seen a copy of the revised bill before it was gazetted on September 29. This is despite numerous requests for a copy made by industry stakeholders.”

Gcoyi said they weren’t against stricter laws. All they want is for the vaping industry to be regulated.

Gcoyi said, ”But proposals that are on the table are not based on science or empirical evidence. Substantively, the bill is a complete disappointment in its treatment of ENDS/ENNDS (Electronic Nicotine Delivery Systems). It will be detrimental to the industry.

“The bill still conflates vaping and smoking as if they are one and the same thing. Vaping requires a separate set of guidelines recognising that it is not the same as smoking and therefore cannot be regulated in the same manner.

“It opens a route for government to ban the sale of flavoured e-liquids. Such a move is likely to prove entirely detrimental to the fight against tobacco smoking. Flavours are what keep smokers who have switched to vaping from reverting to smoking.”

“The validity of arguments about fruit and dessert flavours appealing to young people entirely misses the fact that vapes are manufactured for the use of smokers. Communication and design should not be restricted except to prevent communications that target youth or misleads consumers. A general safety warning is important.

He added that banning the online sale, supply and distribution of vaping products is detrimental. “If you look at the majority of the vaping industry, [it is] small businesses and brick and mortar [retailers] in any industry are no longer attractive, especially coming out of Covid. So, to do away with that [online vaping stores], that kills a third of the industry already.”

Gcoyi added that with the new bill, the Minister of Health would also have free rein in introducing regulations without consultation.

“The minister will be able to introduce regulations as he sees fit, without going through the rigorous law-making process and thorough consultation with stakeholders.”

Gcoyi said it was important that South Africa get legislation that allows consumers to choose proven less harmful alternatives to cigarettes.

“Insisting on categorising tobacco and vaping products under one umbrella gives the impression that they are equally harmful to one’s health. However, as research by reputable international organisations, such as Public Health England, the Royal College of Physicians, the US Academy of Sciences, and Cancer Research UK, etc, shows vaping is less harmful than smoking.

“Our view is that lumping the two things together is likely to perpetuate the false perception that they are the same, when in fact, they are not.

“Such a perception is likely to discourage many smokers who do not wish to quit their addiction to nicotine from considering vaping as an alternative source of nicotine, thus continuing with their far more harmful addiction to combustible tobacco.”

Gcoyi said while she acknowledges that vaping is not completely risk-free, she says it only contains a small fraction of the risk of cigarettes.

“ENDS/ENNDS do not produce tar or carbon monoxide, two of the most harmful elements in tobacco smoke.

“The liquid and vapour, however, contain some potentially harmful chemicals also found in cigarette smoke, but at much lower levels. Additionally, despite a large body of available scientific evidence suggesting that nicotine is dangerous, on its own, it does not cause cardiovascular disease or cancer. The substance is, however, considered an addictive substance.”

Gcoyi says while they welcome a new tobacco bill it was very important that vaping was regulated separately.

“A new tobacco bill is very important. We know that tobacco kills its users so measures to control the use of tobacco are to be welcomed. This includes making it possible for adult smokers to use less harmful alternatives.”