South Africa’s Tobacco Products and Electronic Delivery Systems Control Bill is set to introduce sweeping regulations for nicotine-containing products, including electronic cigarettes and heated tobacco products. While nicotine pouches are not explicitly named in the bill, they are likely to be regulated under its broader definitions, which encompass “any nicotine-containing products intended for human consumption.” This inclusion raises critical questions about how nicotine pouches will be treated in comparison to other tobacco alternatives and what this means for harm reduction efforts in South Africa.
The Status of Nicotine Pouches in the Bill
Are Nicotine Pouches Explicitly Covered?
- Nicotine pouches are not specifically mentioned in the bill’s primary definitions or scope.
- The focus remains on combustible tobacco products, electronic nicotine delivery systems (ENDS), and heated tobacco products (HTPs).
Are Nicotine Pouches Implicitly Covered?
The bill appears to capture nicotine pouches through broader “novel and emerging nicotine products” provisions, which regulate:
- Nicotine-Containing Products
- Any product containing nicotine, regardless of delivery method.
- Tobacco Product Substitutes
- Alternatives that do not contain tobacco leaf but still deliver nicotine.
- Oral Nicotine Products
- Nicotine pouches fall within this category, classifying them alongside other oral smokeless alternatives.
Regulatory Implications for Nicotine Pouches in South Africa
Should the bill be enacted as it currently stands, nicotine pouches will likely face similar restrictions as traditional tobacco and electronic nicotine products. Some of the expected regulations include:
1. Manufacturing and Safety Standards
- Must adhere to Good Manufacturing Practice (GMP) standards.
- Mandatory submission of ingredient lists to regulatory authorities.
- Potential requirement for quality control and safety testing.
2. Sales and Distribution Rules
- Sales restricted to individuals 18 years and older.
- Licensing requirements for retailers and distributors.
- Restrictions on online and point-of-sale visibility.
3. Marketing and Advertising
- Likely severe restrictions or outright bans on advertising nicotine pouches.
- Mandatory health warnings on packaging.
- Regulations on branding and product appeal, potentially requiring plain packaging.
4. Compliance and Reporting Requirements
- Product manufacturers may need to register with regulatory authorities.
- Regular submission of safety assessments.
- Compliance with labeling and packaging regulations.
Challenges and Gaps in the Current Bill
While the bill establishes a broad framework, it lacks specific clarity on how nicotine pouches should be regulated. This ambiguity creates enforcement challenges and potential market uncertainty.
Key Areas Needing Clarification
- Nicotine Content Limits – Should there be specific caps on nicotine levels in pouches?
- Tailored Warning Labels – Should pouches have different health warnings than combustible tobacco?
- Manufacturing Standards – Should oral nicotine products follow distinct production guidelines?
- Storage and Handling Rules – How should retailers store and handle nicotine pouches?
Potential Unintended Consequences
Without precise definitions, nicotine pouches could be unfairly lumped into the same category as combustible tobacco or vaping products, which ignores their lower risk profile. This could result in:
- Overly strict regulations that discourage smokers from switching to a less harmful alternative.
- Market confusion due to inconsistent enforcement and compliance requirements.
- Regulatory loopholes that allow illicit or unsafe products to proliferate.
A Call for Balanced Regulation: GINN’s Role
GINN (Global Institute for Novel Nicotine) recognizes that clear, science-based regulations are essential for ensuring consumer safety while preserving access to reduced-risk alternatives. Drawing on our experience in other jurisdictions, including our submission to the UK Parliament’s Tobacco and Vapes Bill, we advocate for a distinct regulatory category for nicotine pouches.
Proposed Framework for South Africa
To address the gaps in the bill, GINN is actively working to develop model legislation for nicotine pouches, which would:
- Define Nicotine Pouches Separately
- Ensure they are not unjustly categorized with tobacco or e-cigarettes.
- Set Proportionate Product Standards
- Develop clear nicotine limits that align with harm reduction goals.
- Create Risk-Based Health Warnings
- Prevent misleading labels that equate pouches with high-risk products.
- Balance Access and Youth Protection
- Maintain age restrictions while ensuring adult consumers can access safer alternatives.
- Provide Regulatory Clarity for Manufacturers
- Establish clear guidelines for product approval and market entry.
Moving Forward: A Chance for Proportionate Regulation
South Africa has an opportunity to become a leader in responsible nicotine regulation. Instead of banning or excessively restricting nicotine pouches, policymakers should adopt a risk-proportionate framework that ensures: ✔️ Consumer Safety – Through clear product standards.
✔️ Public Health Benefits – By promoting harm reduction.
✔️ Market Transparency – By defining pouches distinctly from other nicotine products.
📌 Explore the Bill and related Health Committee statement:
🔗 Full Bill Text: Tobacco Products and Electronic Delivery Systems Control Bill
🔗 Health Committee Statement: Parliament of South Africa – Deliberations on the Tobacco Bill
