By Timothy S. Donahue
Top Takeaways:
Regulatory carveout: South Africa’s health department said vapes, nicotine pouches, snus and other smokeless nicotine products will be exempt.
Harm-reduction debate continues: The Health Minister rejected arguments that newer nicotine products should be treated as harm-reduction tools.
Cultural concerns raised: Lawmakers also questioned whether proposed tobacco rules could interfere with traditional uses of products.
South Africa’s health department has indicated that several modern nicotine products will be exempt from certain parts of the country’s comprehensive tobacco control laws, even as lawmakers continue discussing broader restrictions.
During a parliamentary committee meeting, officials stated that non-combustible and smokeless nicotine products—including nicotine pouches, snus, chewing tobacco, and e-cigarettes—would be exempt from certain provisions of the proposed Tobacco Products and Electronic Delivery Systems Control Bill.
Deputy Director-General for Primary Health Care Jeanette Hunter said the products are different from combustible tobacco because they don’t involve burning tobacco and generally contain fewer toxic chemicals. “The department is willing to, at this stage, exempt them from packaging and labelling requirements except for making misleading and false claims,” Hunter said.
Despite the regulatory carveout, Health Minister Aaron Motsoaledi dismissed the argument that new nicotine delivery systems should be broadly promoted as harm-reduction options for smokers. “The premise is wrong,” Motsoaledi said. “In reality, the majority of smokers dislike being nicotine dependent and want to quit.”
The broader bill aims to strengthen restrictions on tobacco use in public areas and impose tighter controls on marketing, packaging, and product design.
Officials stated that further regulations could still focus on specific features of next-generation nicotine products, such as edible nicotine items, toy-shaped products, and misleading descriptions, which regulators claim may attract youth.
The legislation has also sparked debate over whether new restrictions could impact traditional cultural uses of tobacco products, especially snuff. Vuyo Zungula, a member of parliament for the African Transformation Movement, questioned whether the bill sufficiently protects cultural and spiritual practices involving tobacco.
“When the minister says the bill does not ban the use of snuff or similar products for any purpose, it does not disturb the cultural practices,” Zungula said. “But I don’t think it is sufficient.”
Motsoaledi said that snuff was already included in the legislation and indicated the government could tighten exemptions if needed.
