There is a clear call for support of differentiated regulation of non-combusted alternatives to smoking to be included in the proposed Tobacco Products and Electronic Delivery Systems Control Bill (“the Bill”), said Philip Morris South Africa (PMSA) at a media briefing held in Johannesburg today.
At the briefing PMSA unpacked the issues surrounding the Bill and highlighted solutions that are being denied by regulators in South Africa. The company raised several concerns which they believe should be considered by legislators.
“We have requested an opportunity to make oral submissions to the Portfolio Committee on Health as we believe this would address any concerns or questions that the committee may have,” said Ulreich Tromp, Director External Affairs Southern Africa at PMSA. “We believe in an open and transparent dialogue between policy makers, legislators, health experts, society and industry about the future of tobacco regulation in the country.”
Amongst the issues raised in its written submission on the Bill, the company highlighted the differences between non-combusted alternatives and cigarettes, stating that they should be regulated differently based on the different risk profiles of these products as supported by the scientific evidence.
The submission also raised several other concerns regarding the Bill, which include protecting freedom of commercial speech to provide an opportunity for adult smokers to choose better alternatives to continued smoking [and receive accurate information about them].
What is most noteworthy, Buhle Binta, Head of Scientific Engagement at PMSA added, is that PMSA’s submission is clearly supported by the latest scientific evidence and international best practices.
“The current approach adopted in the Bill lacks nuance and scientific justification to the extent that it is irrational, “Tromp added. “The resultant proposed legislative mechanisms set out in the 2022 Bill will not advance the public interest.”
In addition, Tromp explained that the Bill should include differentiated communication rules, and differentiated rules for packaging, labelling and ingredients to ensure that adult smokers who do not quit understand the difference and benefits of better alternatives versus continued smoking, and that such alternatives are acceptable for them.
“The Bill should be amended to differentiate between combusted tobacco products and non-combusted alternatives including e-cigarettes, heated tobacco products other oral smoke-free products,” Binta said. “The proposed definition of ‘smoking’ is factually wrong and should also be amended to accurately reflect its scientific meaning and should not include non-combusted alternatives which do not burn tobacco and therefore do not generate smoke.”
Neetesh Ramjee, Director of External Affairs Regulatory at PMSA continued: “non-combusted alternatives have led to historic declines in smoking rates in countries such as Japan and Sweden. The USA, UK and New Zealand have recognised the potential of non-combusted alternatives in reducing the harm caused by smoking and are today complementing their prevention and cessation support efforts with a tobacco harm reduction strategy. “Different approaches are needed to accelerate major declines in smoking and associated diseases – the Bill fails to recognise this,” he said.
He noted, however, that PMSA agrees that non-combusted alternatives must be regulated to minimise the risk of youth and non-smokers using these products and to ensure that adult smokers understand that these non-combusted alternatives are addictive and not risk-free.
“Youth should not have access to any tobacco or nicotine containing products, and communications in relation to non-combusted alternatives should be restricted to limit the reach and appeal to the youth,” he added.
“The Bill in its current form prevents South African adult smokers from becoming aware of and obtaining accurate information about scientifically substantiated alternatives to continued smoking,” Tromp explained. “While these non-combusted alternatives are not risk-free and they usually contain nicotine, which is addictive, they are a much better choice for adults than continued smoking.”
In this context, Ramjee added that we need to look to the authorities, policymakers, and public health groups to act accordingly. “Regulators need to hear all voices in the process with more consultation with other stakeholders, medical professionals, industry bodies and adult smokers, which will be key to ensure the law is inclusive, representative of all parties and is driven by science,” he said.
