South Africa: heated tobacco regulation, June 2022

No developments are expected to happen in South Africa before 2023 because the Tobacco Bill – which was presented in 2018 – has not yet been tabled. The Tobacco Products Control Act 83 of 1993 defines tobacco product as “a product containing tobacco that is intended for human consumption, and includes, but is not limited to, any device, pipe, water pipe, papers, tubes, filters, portion pouches or similar objects manufactured for use in the consumption of tobacco”. We understand that heated tobacco consumables and heating devices qualify as tobacco products and could therefore be subject to the restrictions imposed by this act in respect to sales, advertising, and usage.

This report offers a detailed overview of the regulatory framework in place for heated tobacco in South Africa, covering both current and possible future restrictions across all policy areas, including taxation, notification, advertising and more.

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Fernanda Tucunduva

Legal analyst
Fernanda holds a masters degree in Criminology from the Universitat Pompeu Fabra in Barcelona, Spain. She graduated in Law from de Pontifícia Universidade Católica and specialised in Criminal Corporate Law in São Paulo, Brazil. She has worked as a criminal and compliance lawyer in several law firms and also as an intern in the public sector in Brazil.

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