Company news: Control over sales and advertising of tobacco products

“Currently the Tobacco Products Control Act prohibits the sale of cigarettes to people younger than 16 years. An amendment bill now extends the age limit to 18 years. It also aims to prevent people younger than 18 years from using cigarette vending machines.”

Thompson says the new bill, open for public comment until May, 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 that promotes the sale or use or creates an awareness of any tobacco product, tobacco brand element or tobacco manufacturer.”

Currently the Act bans the advertisement and promotion of tobacco products and also makes provision for certain required information to appear on the packaging of tobacco products sold in South Africa.

“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.”

She says tobacco products may also not be promoted in any way, whether directly or indirectly. This includes 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 people selling or supplying any confectionary or toy that resembles or is intended to represent any tobacco product.”

Thompson says the bill proposes a dramatic increase in fines.

“The fine for selling or supplying tobacco products to people younger than 18 years increases from R10 000 to R100 000. Other offences in the Act - such as those regarding the packaging, advertisement and promotion of tobacco products - will lead to a fine of up to R1 million.

“The bill highlights the Department of Heath's ongoing commitment to reduce smoking. South Africa is a signatory to the World Health Organisation's Framework Convention on Tobacco Control and the bill certainly proves that the department is putting its money where its mouth is,” she says.