In South Africa, a revision of anti-smoking legislation introduces plain packaging

South Africa is considering a major overhaul of its tobacco legislation with the Tobacco Products and Electronic Delivery Systems Control Bill, which has been under discussion for several years.[1] with a strengthening of regulations symbolized by the adoption of plain packaging. However, following pressure from the tobacco and vaping lobby, the Ministry of Health could weaken the regulations concerning these products.

Tobacco regulation to meet health and financial objectives

The bill aims in particular to strengthen the regulation of cigarettes and other forms of traditional tobacco. Health authorities believe these measures are necessary to limit the initiation of smoking among young people and reduce health risks, given that 26.1% of men aged 15 and over and 21.14% of boys aged 10-14 still smoke in the country.[2].

Authorities also stress that smoking-related illnesses represent a significant burden on the South African health system, with an estimated cost of around 49 billion rand (2.5 billion euros) annually in health expenditure and lost productivity.

Health Minister Aaron Motsoaledi indicated that the goal was not to ban tobacco altogether, but rather to restrict its marketing and distribution.

It therefore includes the introduction of plain packaging for cigarettes., with standardized packaging and clearly visible health warnings. Authorities believe this measure could reduce the marketing impact of brands.

Jeanette Hunter, Deputy Director General of Primary Healthcare, pointed out that contrary to industry rhetoric claiming this measure would fuel illicit trade, plain packaging does not eliminate anti-counterfeiting measures such as tax stamps, unique identifiers, traceability markings, and security inks. Product regulations extend beyond plain packaging to include a ban on toy-like products and the removal of misleading descriptions that could deceive consumers.[3].

The issue of enforcing existing regulations was also central to the revision of the text. To improve enforcement capabilities, the government is considering expanding the number of agents authorized to enforce regulations, including, in particular, the metropolitan police, the national and provincial police, border control officers, and port authorities.

The bill also provides for penalties of up to heavy fines or prison sentences of up to 10 years, although the authorities specify that these are the maximum penalties and remain at the discretion of the courts.

New regulations that legally differentiate products and relax the regulations for certain products

Faced with significant lobbying from the tobacco and vaping sectors, the new project plans to differentiate between the various nicotine products.

Thus, a distinction would be made between traditional tobacco products – chewing tobacco, snuff, and snus – and other tobacco-free nicotine products – electronic cigarettes and nicotine pouches. For these latter products, the new labeling and packaging requirements would be relaxed.

Gold, a recent study, published in The Lancet's eClinical Medicine journal, A survey of 25,000 students in 52 South African high schools revealed a significant and increasing prevalence of vaping among young people: 17.82% of the students surveyed are current vapers, and 38.3% of these students vape every day.[4].

Samantha Filby, a researcher at the University of Cape Town's School of Economics, urged public and health stakeholders to be made aware of the public health risks associated with the development of vaping and called for regulation of these products.

The bill under discussion must still go through the parliamentary process before a possible adoption. If approved, it could be the most significant reform of tobacco regulations in South Africa since the introduction of smoking bans in public places in the early 2000s.

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[1]Changes to new smoking laws for South Africa, BusinessTech, published March 6, 2026, accessed the same day

[2]Drope J, Hamill S, Country profile: South Africa,The Tobacco Atlas, New York: Vital Strategies and Economics for Health, updated in 2025, accessed March 6, 2026

[3]Brady Cotton, South Africa plans to partially exempt non-tobacco products: Electronic cigarettes, nicotine pouches, etc. may not be included in some provisions of the tobacco act., Igeekphone.com, published on March 6, 2026, accessed the same day

[4]Alyssia Birjalal, Beyond the clouds: the terrifying reality of SA's teen vaping epidemic revealed by UCT, Independent Online, published March 5, 2026, accessed March 6, 2026

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