Sara-Jayne Makwala King11 September 2024 | 11:52

Puff puff prison? How vaping could land you behind bars under new laws

The vaping industry says the Tobacco Product and Electronic Delivery Systems Control Bill goes too far.

Puff puff prison? How vaping could land you behind bars under new laws

Picture: Haiberliu via Pixabay

Bongani Bingwa is joined by Jeanette Hunter, Deputy Director, General Primary Health Care at the National Department of Health and Sinenhlanhla Mnguni, Chairperson at Fair-trade Independent Tobacco Association.

Listen below

Same effect, same rules.

That's the stance of the Department of Health as it seeks to introduce new laws subjecting vapes to the same restrictions as tobacco cigarettes.

Under the proposed legislation, vaping in some public places could result in jail time.

But the vaping industry says the Tobacco Product and Electronic Delivery Systems Control Bill goes too far.

If introduced, the law would mean a total ban on the display of tobacco products or e-cigarettes at points of sale, and vapes will have to be sold in plain packaging.

Moreover, there would be strict rules on where and when people could vape - smoking in front of children and even at home could be illegal.

And the penalty for breaking the smoking laws? Fines and jail terms of between three months and 20 years.

Hunter explains why the new legislation is being introduced, adding that peer-reviewed research backs up government's assertions.

"There's evidence that vaping, and even its second hand effects can cause serious harm and even lead to death, no different to tobacco smoking."
Jeanette Hunter, Deputy Director, General Primary Health Care - National Department of Health
"There is no evidence that vaping can help people to quit smoking, in fact, it just makes them to vape more."
Jeanette Hunter, Deputy Director, General Primary Health Care - National Department of Health

But the Fair-trade Independent Tobacco Association's Sinenhlanhla Mnguni says the 'jury is still out' on harm caused by vaping products.

"As industry, we cannot argue against those kinds of views from the Department of Health.. The understanding though is that, of course, vaping is a cessation tool which is slightly different to cigarettes."
Sinenhlanhla Mnguni, Chairperson - Fair-trade Independent Tobacco Association

Mnguni says while the industry will not oppose the new laws, it does want to be consulted on any changes to the legislation.

"Industry requests the right to be engaged by government before implementing policies which have the ability to impact on the industry and it's various stakeholders."
Sinenhlanhla Mnguni, Chairperson - Fair-trade Independent Tobacco Association

Hunter says all regulations under the new Act will go out for public comment.