The latest developments relating to the Tobacco Products and Electronic Delivery Systems Control Bill [B 33-2022]

Introduced in Parliament back in 2022, The Tobacco Products and Electronic Delivery Systems Control Bill [B 33-2022] (the “Bill”) seeks to introduce, amongst other things, plain packaging for tobacco products. During the course of this year, NEDLAC has weighed in on the bill and, since May, public hearings have also been held. From a meeting of the Committee of Health, held on 29 October 2025, it would appear that the Committee has also consulted with the South African Police Service (“SAPS”) and the South African Revenue Service (“SARS”).

While it seems that there is support for maintenance of the current bans relating to the advertising of tobacco products and the sponsorship of social events by tobacco brands, there may, in the future, be an amendment to the definition of “promotion” as there is concern regarding governmental overreach. 

Regarding plain packaging, both SARS and SAPS have raised concerns over plain packaging and the (unintended) consequence that plain packaging could have on the illicit trade.  To avoid this unintended consequence, it seems that SARS has suggested that the health imperative could be served by requiring large, visible health warning on packaging, which would, in their view, allow for easier identification of legally regulated products.  We will wait to see the outcome of the plain packaging amendment; however, it seems that, from a South African perspective, the balancing act may go beyond intellectual property rights and reduction of risk health incentives.

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