Control over advertisement and sale of cigarettes to tighten-up

In a move which highlights the Department of Health’s ongoing commitment to reduce smoking in South Africa, the Minister of Health has introduced a Bill which proposes to amend the Tobacco Products Control Act so as to further tighten-up the advertisement and sale of tobacco products.

The Tobacco Products Control Act currently bans the advertisement and promotion of tobacco products and also makes provision for certain required information to appear on the packages of tobacco products sold in South Africa.

The new Bill seeks to close loopholes which exist in the current Act and which are open to abuse.  For example, the Bill proposes to widen the definition of “advertisement” to include any commercial communication to the public with the aim, effect or likely effect of promoting the sale or use of any tobacco product or creating an awareness of a tobacco product, tobacco product brand element or tobacco manufacturer.  The ban will also now extend to so-called “product placement” which involves showing or referring to a tobacco product or brand element in a television programme or film for which the producer or any other person receives payment in cash. 

Tobacco products may also not be promoted in any way, whether directly or indirectly, including through the sponsorship of any organisation, event, service, establishment, project, bursary or scholarship or by incentives, free distribution and organised activities. The Bill also contains a proposed prohibition on persons selling or supplying any confectionary or toy that resembles or is intended to represent any tobacco product.

To bring South Africa’s legislation in line with the World Health Organisation Framework Convention on Tobacco Control, to which South Africa is a signatory, the Bill furthermore proposes to prohibit the sale or supply of any tobacco product to any person under the age of 18 years (currently, this age is set at 16 years).  The amendment to the Act will also place further restrictions on the sale of tobacco products by way of vending machines, such as by imposing a requirement that precautionary measures are taken to prevent vending machines being used by persons under the age of 18 years.

In a further effort to deter people from trying to circumvent and/or not comply with the provisions of the Tobacco Control Act, the new Bill also envisages increasing the fine for failing to comply with certain of the provisions, such as not selling or supplying tobacco products to persons under the age of 18 years, from R10 000 to R100 000.  Other offences in the Act (such as those regarding the packaging, advertisement and promotion of tobacco products) will attract a fine of up to a whopping R1 million.

Kelly Thompson
Partner
kelly-t@adamsadams.co.za
Adams & Adams
10 March 2008