South Africa: e-cigarette regulation, December 2023

Vapour products with and without nicotine are not regulated under any product-specific laws. Nicotine is a scheduled drug under the Medicines and Related Substances Act and as such can only be sold by pharmacists and purchased with a doctor’s prescription.

The Tobacco Products and Electronic Delivery Systems Control Bill was introduced in Parliament in December 2022. If adopted, it would regulate both nicotine-free and nicotine-containing e-cigarettes, and their components (such as cartridge, mouthpiece, etc). The bill is currently being publicly discussed in different provinces around the country. The public hearings are expected to continue in 2024.

This report provides a detailed analysis of the current and possible future regulatory framework for e-cigarettes in South Africa, covering all policy areas.

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Fernanda Tucunduva

Legal analyst
Fernanda holds a masters degree in Criminology from the Universitat Pompeu Fabra in Barcelona, Spain. She graduated in Law from de Pontifícia Universidade Católica and specialised in Criminal Corporate Law in São Paulo, Brazil. She has worked as a criminal and compliance lawyer in several law firms and also as an intern in the public sector in Brazil.

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