South Africa: Market and legal data analysis of the vaping sector

4th November 2024: South Africa: The Portfolio Committee on Health has resumed public hearings on the Tobacco Products and Electronic Delivery Systems Control Bill, which aims to regulate the sale, advertising and packaging of tobacco products and e-cigarettes. The hearings are taking place in the provinces that were not reached by the previous parliament. Following the public participation, which is scheduled to end on 10th November, the committee will review all public submissions and engage with organisations that made written submissions.
25th October 2024: South Africa: Yesterday (24th October), the Portfolio Committee on Health met with the Department of Health to discuss the Tobacco Products and Electronic Delivery Systems Control Bill, which aims to regulate the sale, advertising and packaging of tobacco products and e-cigarettes. Members of the committee questioned why the bill does not differentiate between the levels of harm posed by different nicotine-containing products and why harm reduction approaches are not applied to tobacco in the same way as for other substances. The committee will conduct a public consultation with stakeholders, but specific details were not disclosed.
21st October 2024: South Africa: The South African Bureau of Standards (SABS) has published its Vaping Products Standard, which will set safety and technical requirements for vaping products. The standard is voluntary and will apply to electronic vaping products with and without nicotine, e-liquid containers, filling mechanisms and accessories. According to the press, among other things, the standard recommends a maximum nicotine content of 35 mg/ml.
10th September 2024: South Africa: Last Wednesday (4th September), the Portfolio Committee on Health deliberated on the Tobacco Products and Electronic Delivery Systems Control Bill. Regarding e-cigarettes, some committee members stressed the need for comprehensive data to assess the health risks associated with vaping compared with traditional smoking and the necessity of campaigns to educate the population about the dangers of e-cigarette use. The committee is likely to conclude public hearings in the last two remaining provinces, where hearings have not yet been held.
29th August 2024: South Africa: The Department of Health said it will reintroduce the Control of Tobacco Products and Electronic Delivery System Bill to Parliament on 4th September 2024, press reports. The bill aims to regulate the sale, advertising and packaging of tobacco products and e-cigarettes. The Portfolio Committee on Health said it hoped to process the new law quickly, starting from where it left off. The public participation process in the provinces will be completed before moving on to public hearings in Parliament.
14th August 2024: South Africa: The Control of Tobacco Products and Electronic Delivery Systems Bill, which would regulate the sale, advertising and packaging of tobacco products and e-cigarettes, has been revived by Parliament for further processing and is on the agenda of the new government, press reports. The bill was introduced in Parliament in 2022 and public hearings were held in the country before the elections.
16th July 2024: South Africa: Today is the last day to comment on the South African Bureau of Standards’ Vaping Product Standards, which will set minimum safety and technical requirements for vaping products. The standards are voluntary and will apply to electronic vaping products with and without nicotine, e-liquid containers, filling mechanisms and accessories. Among other specifications, the standards provide definitions and general rules for parts of e-cigarettes, health warnings, recommend a maximum nicotine content of 35 mg/ml and establish a negative list of ingredients for e-liquids. Comments should be sent to dsscomments@sabs.co.za.
20th June 2024: China: According to recently updated trade data from the General Administration of Customs, in April 2024, exports of e-cigarettes to South Africa totalled approximately $5.53m, showing decreases both month-on-month (7%) and year-on-year (42%). The export volume was around 127 tonnes, increasing 4% month-on-month but decreasing 20% year-on-year. The export unit price was $43 per kg, decreasing 10% month-on-month and 27% year-on-year, press reports.
17th June 2024: South Africa: Cyril Ramaphosa, who has been in power since 2018, has been re-elected as president after his party, the African National Congress (ANC), reached a coalition deal with the centre-right Democratic Alliance, press reports. The deal might have an impact on the tobacco and vaping industry since the ANC has lost its parliamentary majority and the Democratic Alliance does not support the Tobacco Products and Electronic Delivery Systems Control Bill, arguing that the bill is “unreasonable” and the focus must shift to the eradication of the illicit tobacco trade.
6th June 2024: South Africa: The South African Pharmacy Council (SAPC) has decided to ban the sale of vapes, both with and without nicotine, as aids to quit smoking in pharmacies, press reports. According to SAPC registrar Vincent Tlale, the council’s move is in line with the Tobacco Products and Electronic Delivery Systems Control Bill draft, which brings e-cigarettes under the same regulatory control as tobacco products and was under discussion in Parliament. According to the CEO of the Independent Community Pharmacy Association, Jackie Maimin, pharmacies would still be open to selling vapes if they are approved as a smoking-cessation device by the Health Products Regulatory Authority (SAHPRA) and sold on prescription.
4th June 2024: South Africa: After counting the votes from last week’s elections, the current ruling African National Congress Party (ANC) only garnered 40.2% of the votes and has lost its majority in the National Assembly, press reports. The parties have two weeks to elect a president and form a coalition government. It is unclear if a weakened ANC would mean a shift in the positioning of e-cigarettes and heated tobacco products. The Tobacco Products and Electronic Delivery Systems Control Bill, which aims to regulate the sale, advertising and packaging of tobacco products and e-cigarettes and is currently being debated in the National Assembly, will have to be resumed in the new government.
3rd June 2024: South Africa: The South African Bureau of Standards has opened for public comment the Vaping Product Standards, which set the minimum safety and technical requirements for vaping products. The standards will apply to electronic vaping products with and without nicotine, e-liquid containers, filling mechanisms and accessories. Among other specifications, the standards set definitions and general rules for parts of e-cigarettes, mandatory health warnings, a recommendation of a nicotine content limit of 35 mg/ml, and establish a negative list of ingredients for e-liquids. Comments should be sent to dsscomments@sabs.co.za until 16th July 2024.

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