It is high time the government reined in the manufacturers of vapes and subjected them to the same regulatory control as the purveyors of cigarettes and snuff.
Once at the forefront of global tobacco control, SA is now one of just 62 countries that have yet to ban or institute any rules for
e-cigarettes. Draft legislation to bring these products into the regulatory fold has been in the pipeline since 2018, but is only now being considered by parliament. The sector is thus governed by the outdated Tobacco Products Control Act, which was last amended in 2008 and is silent on the new generation nicotine delivery devices that have flooded the market.
The consequences are there for all to see in the explosion of vaping among children and the unfettered advertising of these products on social media, as manufacturers adroitly exploit gaps in the law. One in six high schoolchildren in SA are vaping, and almost half of them reach for their e-cigarettes within half an hour of waking up, suggesting they are highly addicted to nicotine, according to a study published in the British Medical Journal.
The overwhelming majority of these children have never smoked and are not using the devices to try to kick a tobacco habit. Instead, they are getting hooked on a substance that is notoriously difficult to quit, and using products that are completely free of regulatory oversight. Consumers thus have no assurance that the products contain the ingredients they claim to, or are free from known poisons and carcinogens. Worse still, vaping may act as a gateway to smoking.
A total 133 countries now control electronic nicotine delivery systems in some form, ranging from outright bans to strict rules about their composition, promotion and sale.
We know that smoking kills. There isn’t enough independent, long-term evidence to conclude that vaping doesn’t. And given the dark history of the various industries that have suppressed safety data that runs counter to their business interests — from big tobacco hiding the links between smoking and lung cancer to pharmaceutical manufacturers burying data on potentially deadly side-effects — we must be wary of the plethora of industry-sponsored, short-term studies claiming that vaping is less harmful than smoking.
Thanks to SA’s regulatory lacuna, vape manufacturers are using bright colours and food-related flavours such as strawberry and candyfloss to increase the appeal to young users in much the same way that alcohol manufacturers have successfully developed sweet, premixed fruity drinks aimed at teenagers and young adults.
While current legislation prohibits tobacco companies from advertising cigarettes or sponsoring concerts, there is nothing in law to stop vape manufacturers from marketing their products with every trick in the book — from sponsoring high-profile sporting events to hiring social influencers. Some e-cigarette manufacturers warn that their products are only intended to be used by people aged over 18, but most of the musicians and influencers promoting their devices impose no restrictions on children accessing their content on social media platforms such as Instagram and TikTok.
Regulating a market that has been allowed to grow without restraint is never easy. But if there is political will, it can be done. A total 133 countries now control electronic nicotine delivery systems in some form, ranging from outright bans to strict rules about their composition, promotion and sale.
High-income countries have made the most progress in this regard, according to the World Health Organisation’s latest tobacco report. The Netherlands, for example, has outlawed the sale of vapes with flavours other than tobacco, restricted sales to over 18s, and is planning to ban their use in nonsmoking public areas. The UK is moving to align vaping rules with tobacco restrictions and ban single-use disposables. A handful of African countries have banned vapes altogether, but the rest have imposed few restrictions.
It’s time for the government to put the genie back in the bottle. The onus is now on MPs to stand firm in the face of industry lobbying and ensure the draft tobacco and electronic nicotine delivery systems bill is an effective safeguard for public health: the next generation depends on it.
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