Tobacco Products Bill: Parliamentary Progress Update

Posted 30 November 2025 Written by Acts Online
Category Health and Safety

Brought to you by SA Legal Academy: The National Assembly’s Portfolio Committee on Health has postponed key decisions on the Tobacco Products and Electronic Delivery Systems Control Bill [B33-2022], leaving the proposed legislation in limbo ahead of the December 2025 parliamentary recess.

In terms of the parliamentary legislative process, the Tobacco Products and Electronic Delivery Systems Control Bill [B33-2022] remains under consideration by the Portfolio Committee on Health. During November 2025, two critical committee sessions were postponed or cancelled: a meeting on 11 November intended for the Department of Health to respond to public participation input, and a meeting on 13 November where members were expected to vote on the Bill’s desirability.

The Bill, which was originally introduced in December 2022 and subsequently revived in July 2024 following the May 2024 elections, seeks to regulate the sale, advertising, and use of tobacco products and electronic delivery systems. The current committee process has involved a comprehensive restart of public participation, including provincial hearings and technical briefings.

Key Consultations and Enforcement Concerns

Records from the National Economic Development and Labour Council (NEDLAC) indicate that the Department of Health resumed consultations in November 2024. This followed concerns raised during previous provincial hearings regarding the socio-economic impact of the proposed regulations. Furthermore, briefings held on 29 October 2025 involving the South African Police Service (SAPS) and the South African Revenue Service (SARS) highlighted significant regulatory challenges, specifically:

  • The state’s capacity to enforce new restrictions on tobacco and electronic delivery systems;
  • The potential for the Bill to inadvertently stimulate the illicit tobacco trade; and
  • The administrative burden of monitoring compliance across the retail sector.

The committee has received a consolidated summary of all public input, including written submissions and oral testimony from the March 2025 parliamentary hearings. The Department of Health’s formal response to this summary is a prerequisite for the committee’s vote on the desirability of the Bill.

Click here to download the Tobacco Products and Electronic Delivery Systems Control Bill [B33-2022].

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

  • For yourself: No immediate compliance action is required; however, legal and compliance professionals should note the proposed shift toward stricter public smoking prohibitions and the inclusion of electronic delivery systems under the same regulatory umbrella as traditional tobacco.
  • For your business: Entities in the hospitality, retail, and manufacturing sectors should prepare for a potential 2026 implementation of plain packaging requirements and total bans on point-of-sale advertising, which will necessitate significant operational adjustments.
  • For your clients: Clients in the tobacco and vaping supply chains should be advised that while the Bill is currently delayed, the focus of the Portfolio Committee on Health remains on addressing enforcement gaps identified by SARS and SAPS before the Bill proceeds to the National Council of Provinces.

Originally published at https://legalacademy.co.za/news/read/in-the-spotlight-tobacco-bill-back-in-limbo

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