Justice: New defeat for the tobacco industry in South Africa
June 29, 2020
Par: communication@cnct.fr
Dernière mise à jour: June 29, 2020
Temps de lecture: 3 minutes
South African justice has just ruled in favor of the government against the cigarette manufacturers on the ban on the sale of tobacco products, decreed at the end of March on the occasion of exceptional regulations to combat the COVID-19 pandemic.
The Fair Trade Independent Tobacco Association (FITA) had in fact filed a legal appeal, arguing that such a measure amounted to a prohibition that would jeopardize the financial health of all tobacco players and encourage smuggling networks. Furthermore, FITA had requested that tobacco be considered a product " essential ", because of the addiction that its consumption causes. However, the High Court in Pretoria indicated that this restriction was based on a " rational and firm ", aimed in particular at reducing the health impact of the pandemic and reducing the pressure on the South African health system.[1]The argument that smoking is essential has also been rejected by the courts.
Similarly, British American Tobacco (BAT), which had planned to challenge the South African government decision during the week of June 29, had its hearing postponed until August 5. The company, which holds 78% of the domestic market, said such a delay would put thousands of jobs at risk and would cost South Africa more than R1.4 billion, or more than €72 million.[2].
This rhetoric, regularly developed by the tobacco industry, is based on the idea that tobacco consumption brings in more than it costs society or the State. However, this postulate has been shown to be invalid: in South Africa, the economic cost of smoking is around 60 billion rand, or just over 3 billion euros. In terms of health, smoking is the direct cause of 42,000 deaths per year.[3] in the country.
[1] Bloomberg, “South Africa Wins Lawsuit Over Decision to Ban Tobacco Sales”, June 26, 2020
[2] Financial Times, “BAT court bid to overturn South Africa tobacco ban hit by delay”, June 26, 2020
https://www.ft.com/content/5a5d3511-e5fa-4b04-b02e-800218de4cba
[3] Tobacco Atlas. Country sheet: South Africa
