Smoking laws in SA: Standardised packaging could be the new norm
Plain packaging, stricter smoking bans and a booming illicit market; South Africa’s tobacco laws are facing a major shake-up. Here’s what lawmakers are debating…
South Africa is in the midst of reconsidering how tobacco and related products are regulated. At the centre of the debate is a proposed move towards standardised or plain, packaging for tobacco products, alongside broader restrictions aimed at reducing tobacco use across the country.
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What smoking legislation is currently before parliament?
The legislation under consideration is the Control of Tobacco Products and Electronic Delivery Systems Bill. South Africa’s lawmakers are currently processing the bill, with the most recent round of public consultations concluding at the end of 2025. The bill seeks to update and strengthen existing tobacco control laws while also addressing areas that were previously less clearly regulated, such as electronic delivery systems, commonly referred to as vapes.
The overarching aim of the bill is to clamp down on tobacco use and limit the ways in which tobacco and related products are marketed, sold and consumed. This includes both traditional cigarettes and newer nicotine delivery products, reflecting changes in the market and in consumer behaviour.
According to BusinessTech, while some of the proposed measures have been welcomed by stakeholders, others have sparked significant criticism and concern, particularly around enforcement and unintended economic consequences.
Which smoking restrictions have found broader support?
Not all aspects of the proposed bill have been equally controversial. Measures such as banning smoking in all indoor public spaces, restricting smoking in certain outdoor areas and reinforcing the prohibition on sales to minors have generally been seen as more acceptable. These steps align with long-standing public health objectives and reflect a global trend towards limiting exposure to second-hand smoke.
Such provisions are largely viewed as extensions of existing norms, aimed at protecting non-smokers and reducing the social acceptability of smoking in shared spaces.
Why is plain packaging such a contentious issue?
The proposal to require tobacco products to be sold in plain packaging has proven far more divisive. Plain packaging would remove distinctive branding, colours and logos, leaving standardised packs with health warnings and minimal identifying information. The intention behind this approach is to reduce the appeal of tobacco products, particularly to young people and first-time smokers.
However, concerns have been raised about how such a move could play out in South Africa’s specific context. During the consultation process, both the South African Police Service and the South African Revenue Service made submissions highlighting the broader economic and enforcement implications of plain packaging.
How could plain packaging affect illicit trade?
SARS has warned that standardised packaging could have unintended consequences for illicit trade. If all tobacco packaging looks the same, it may become significantly harder for authorities to distinguish between legally produced products and illicit ones. This is particularly relevant in South Africa, where the illicit tobacco market is estimated to account for as much as 75% of the entire industry.
To address this risk, SARS suggested that public health goals could instead be served by requiring large, visible health warnings on packaging, while still allowing for distinctive features that make legal products easier to identify. This, it argued, could strike a balance between health objectives and effective enforcement.
While some have argued that illicit trade falls outside the scope of plain packaging legislation, the issue has nonetheless been flagged by parliament as an important consideration in the law-making process.
What legal questions does plain packaging raise?
Legal experts have also weighed in on the debate. According to the law firm Adams & Adams, the push for plain packaging raises questions about intellectual property rights. Branding elements such as logos and distinctive designs are protected forms of intellectual property and removing them through legislation can amount to a deprivation of those rights.
Globally, governments have pursued a wide range of interventions to reduce tobacco consumption. These include standardised packaging, flavour bans, restrictions on retail displays, nicotine limits, environmental regulations and traceability systems designed to combat illicit trade.
How widely has plain packaging been adopted internationally?
Plain packaging is not yet universal, but it is becoming more common. According to the Canadian Cancer Society, as of February 2024, 42 countries and territories had implemented measures moving towards plain packaging. Australia was the first to adopt such laws in 2012, followed by countries including France and the United Kingdom.
Currently, 25 countries and territories have fully implemented plain packaging regulations, up from just nine in 2018 and 21 in 2021. A further three territories import tobacco products from countries with plain packaging laws, effectively extending the reach of these measures. At least 14 more countries, South Africa included, are formally considering similar legislation.
What challenges lie ahead for smoking regulation in South Africa?
Critics argue that new laws, particularly those that are difficult to enforce, may disproportionately harm legitimate businesses while leaving criminal operations largely unaffected. With both SARS and the SAPS warning about enforcement difficulties, the debate over plain packaging highlights the tension between public health goals and economic and regulatory realities.
As Adams & Adams has observed, tobacco regulation remains a dynamic and important policy area. In a country grappling with a large illicit market, how these competing interests are balanced will shape the future of smoking laws in South Africa.
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