Tobacco Products & Electronic Delivery System Control Bill: Public Hearings Concluded

Posted 29 August 2025 Written by Acts Online
Category Health

Brought to you by SA Legal Academy: The National Assembly’s Portfolio Committee on Health has concluded the public hearing process for the Tobacco Products & Electronic Delivery System Control Bill, which was originally tabled in December 2022.

The hearings, which commenced in March 2025 and continued through the winter parliamentary recess, included both written submissions and oral representations from industry stakeholders and public health advocates. Once enacted and operationalised, the proposed legislation will repeal the Tobacco Products Control Act, No. 83 of 1993.

According to the memorandum on the objects of the Bill, the proposed regulatory framework seeks to:

  • Regulate electronic nicotine delivery systems and electronic non-nicotine delivery systems;
  • Introduce plain packaging requirements with graphic health warnings;
  • Prohibit the sale of tobacco products through vending machines; and
  • Establish 100% smoke-free indoor public areas and designated outdoor areas.

During the virtual hearings, stakeholders raised concerns regarding the Bill’s potential impact on the economy, the risk of increased illicit trade, and the livelihoods of tobacco farmers. Conversely, supporters argued that the Bill is a necessary instrument to align South African law with the World Health Organization Framework Convention on Tobacco Control and to prioritise public health over industry interests.

The next procedural step involves the Department of Health providing a formal response to the submissions and input received during the public participation process. Following this response, the Committee will proceed with clause-by-clause deliberations on the Bill.

What this means for you, your business, or your clients

  • For yourself: Monitor the Department of Health’s upcoming response to identify potential shifts in the Bill’s wording regarding personal use and possession of electronic delivery systems.
  • For your business: Evaluate future compliance requirements for smoke-free workplaces and the potential prohibition of tobacco-related vending machines on business premises.
  • For your clients: Advise clients in the retail, hospitality, and tobacco manufacturing sectors on the transition from the Tobacco Products Control Act, No. 83 of 1993 to the proposed regulatory regime, specifically regarding packaging and advertising restrictions.

Originally published at https://legalacademy.co.za/news/read/tobacco-products-bill-national-assembly-committee-s-hearings-concluded

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