---
title: "Will SA’s new vaping laws lead to more smokers instead of fewer?"
description: "The jury is still out on vapes – on whether they help people to quit cigarettes and whether taxing them makes people smoke tobacco again."
type: "NewsArticle"
publisher: "Daily Maverick"
site: "https://www.dailymaverick.co.za"
section: "BHEKISISA"
author: "Christina Pitt"
author_url: "https://www.dailymaverick.co.za/author/christina-pitt/"
canonical_url: "https://www.dailymaverick.co.za/article/2024-11-26-will-sas-new-vaping-laws-lead-to-more-smokers-instead-of-fewer/"
published: "2024-11-26T13:22:59"
updated: "2024-11-26T13:23:01"
lang: "en-ZA"
word_count: 1452
---

# Will SA’s new vaping laws lead to more smokers instead of fewer?

> The jury is still out on vapes – on whether they help people to quit cigarettes and whether taxing them makes people smoke tobacco again.

By Christina Pitt · Published 26 November 2024, 15:22 SAST · Updated 26 November 2024, 15:23 SAST

## Key points
- The jury is still out on vapes – on whether they help people to quit cigarettes and whether taxing them makes people smoke tobacco again.
- Parliament's health committee urges more research on e-cigarettes vs traditional smoking amid ongoing debates over the Tobacco Products and Electronic Delivery Systems Control Bill.
- If passed, the Bill will classify e-cigarettes as tobacco products, banning public use and advertisements while placing packaging regulations under the health minister's authority.
- Concerns arise that the legislation fails to differentiate between e-cigarettes and traditional tobacco, potentially overlooking their role in smoking cessation efforts.
- With 30% of South Africans over 15 using tobacco products and significant tobacco-related deaths, the challenge remains: will stricter regulations reduce smoking or inadvertently drive users back to cigarettes?

## Content

Parliament’s portfolio committee on health has [called for more research](https://bhekisisa.org/health-news-south-africa/2024-09-06-3-tricks-big-tobacco-uses-to-stop-sas-anti-smoking-bill-from-becoming-law/) on how the health risks of e-cigarettes and conventional smoking compare. This is because it wants to get a better grip on South Africa’s relatively controversial new Tobacco Products and Electronic Delivery Systems Control Bill.

If the [Bill](https://www.parliament.gov.za/storage/app/media/Bills/2022/B33_2022_Tobacco_Products_and_Electronic_Delivery_Systems_Control_Bill/B33_2022_Tobacco_Products_and_Electronic_Delivery_Systems_Control_Bill.pdf) is passed, [e-cigarettes will be seen as tobacco products](https://bhekisisa.org/health-news-south-africa/2024-05-31-worldnotobaccoday-is-sa-doing-enough-to-protect-the-youth-from-big-tobacco/), which will mean that vapers won’t be able to puff in public spaces. Adverts for these e-devices will also be banned and the health minister will determine how the packaging and labelling of the products should look.

The committee has [raised concerns](https://pmg.org.za/files/240327pchealthreport1.pdf) that the legislation doesn’t distinguish between e-cigarettes and more conventional tobacco products, and also doesn’t consider claims that vapes could be used as tools to help smokers quit. These concerns were raised in a report on the Bill’s public consultations.

In 2021, [almost 30%](https://cdn.who.int/media/docs/default-source/ncds/ncd-surveillance/data-reporting/south-africa/gats2021_south_africa.pdf?sfvrsn=de5704b6_1&download=true) of South Africans older than 15 used tobacco products, including e-cigarettes. That same year, about [42,000 people in the country died](https://www.healthdata.org/research-analysis/health-risks-issues/smoking-and-tobacco) from tobacco-related diseases like cancer and heart and lung problems.

Having [signed](https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IX-4&chapter=9&clang=_en) the World Health Organization’s [Framework Convention for Tobacco Control](https://iris.who.int/bitstream/handle/10665/42811/9241591013.pdf?sequence=1), South Africa must have anti-tobacco rules in place so that smokers are encouraged to quit their habit and young people aren’t tempted to start.

But will treating vapes like cigarettes get more people to quit tobacco, or more people to start? We look at what the evidence shows.

#### **To vape or not to vape**

In a [conventional cigarette](https://www.fda.gov/tobacco-products/products-ingredients-components/cigarettes), the smoke from burning tobacco, which releases nicotine and a mix of other chemicals, is inhaled. With an [e-cigarette](https://www.cdc.gov/tobacco/e-cigarettes/about.html), a user breathes in vapour formed when a flavoured liquid, which usually contains nicotine, is heated through a battery-powered circuit.

Because vapes don’t produce smoke from burning tobacco, they’re often punted as [less harmful](https://assets.publishing.service.gov.uk/media/633469fc8fa8f5066d28e1a2/Nicotine-vaping-in-England-2022-report.pdf) and seen as a popular way to help people quit. But they [aren’t risk free](https://pmc.ncbi.nlm.nih.gov/articles/PMC11317248/), especially for people who have never smoked.

Inhaling vapours from these liquids can cause lung damage, heart problems and fertility issues possibly linked to the type of chemicals and also nicotine in the mix. Moreover, nicotine – the chemical that gets you hooked on the habit – can be a [gateway for kids to start smoking](https://pmc.ncbi.nlm.nih.gov/articles/PMC5656237/).

A study from the US showed that [fewer people successfully quit smoking with the help of e-cigarettes](https://tobaccocontrol.bmj.com/content/32/e2/e145) than when they used medicine to help them stop.

The evidence on the health effects of electronic cigarettes “is still sparse and sometimes contradictory”, says Estelle Dauchy, principal research officer at the [Research Unit on the Economics of Excisable Products](https://commerce.uct.ac.za/reep) (Reep) at the University of Cape Town.

“The uncertainty around the long-term health effects of vapes is particularly concerning and it is precisely why the World Health Organization [recommends a precautionary approach](https://apps.who.int/gb/fctc/pdf/cop6/fctc_cop6_10rev1-en.pdf).”

There are different ways to skin this particular Schrödinger cat. For example, in [New Zealand](https://www.health.govt.nz/regulation-legislation/vaping-herbal-smoking-and-smokeless-tobacco/selling-vaping-or-other-notifiable-products/sale-of-vaping-and-smoking-products-to-minors#:~:text=Tobacco%20products%20and%20notifiable%20products,under%2018%20years%20\(minors\).), [Canada](https://www.canada.ca/en/health-canada/services/smoking-tobacco/preventing-kids-teens.html#:~:text=In%20Canada%2C%20it%20is%20illegal%20to%20sell%20or%20provide%20vaping,under%20the%20age%20of%2018.) and the [UK](https://www.health-ni.gov.uk/news/new-smoking-and-e-cig-regulations-are-important-protect-children-swann#%3A~%3Atext%3DThe%20Minister%20added%3A%20%E2%80%9CThe%20regulations%2Cforce%20on%201%20February%202022), vapes can’t be sold to someone under 18. In [Australia](https://www.tga.gov.au/products/unapproved-therapeutic-goods/vaping-hub/vapes-information-pharmacists) you can only buy e-cigarettes at a pharmacy.

Similar to what is proposed in [South Africa’s Bill](https://www.parliament.gov.za/storage/app/media/Bills/2022/B33_2022_Tobacco_Products_and_Electronic_Delivery_Systems_Control_Bill/B33_2022_Tobacco_Products_and_Electronic_Delivery_Systems_Control_Bill.pdf), many countries, such as [Denmark](https://www.tobaccocontrollaws.org/legislation/denmark/e-cigarettes) and [Finland](https://assets.tobaccocontrollaws.org/uploads/legislation/Finland/Finland-Decree-No.-5912016.pdf), require on-pack warnings about nicotine being addictive and have banned adverts for e-cigarettes in newspapers, magazines and on TV. Elsewhere, such as in the US, authorities have clamped down on or banned fruity-flavoured vapes.

Many countries, including [Portugal, Germany and the Philippines](https://www.globaltobaccocontrol.org/en/policy-scan/e-cigarettes/tax), charge a “[sin tax](https://www.tobaccotactics.org/article/price-and-tax/#:~:text=bidis.-,Excise%20taxes,also%20generate%20more%20government%20revenues.)” on e-cigarettes, seeing that it’s been proven as one of the [best forms of tobacco control](https://apps.who.int/iris/bitstream/handle/10665/179423/WHO_NMH_PND_15.6_eng.pdf). (Sin tax is a levy usually raised on harmful substances like alcohol and tobacco to deter demand for these products.) In [June 2023](https://www.sars.gov.za/latest-news/taxing-of-vaping-tobacco-products-with-effect-from-1-june-2023/), South Africa too instituted such a tax on vapes.

But making it harder or more expensive for people to get one kind of fix can push them towards another, [some studies show](https://link.springer.com/article/10.1007/s11166-020-09330-9). This is because of something economists call [cross-price elasticity](https://link.springer.com/article/10.1007/s11151-017-9578-8), which means that if one type of goods – vapes in this case – becomes more expensive and so deters people from buying it, they will likely choose another, similar product – in this case, cigarettes – at a lower price.

Models based on US data on smoking and vaping from 2011 to 2018 show how this principle is [likely to play out in real life](https://link.springer.com/article/10.1007/s11166-020-09330-9). A tax hike of $1 on conventional cigarettes (between R7 and R14 given exchange rate fluctuations in that period) would lead to significantly fewer people smoking, but more choosing to vape. Similarly, when tax on e-cigarettes was upped by the same amount, people would swap their vapes for old-school smokes.

Putting their results together, the researchers found that a 2020 proposal to tax each millilitre of vaping liquid at $1.65 (about R15 at the time) would translate to 2.5-million more cigarette smokers in the US.

The effect seems to hold in teen use too, when researchers [looked at data](https://www.sciencedirect.com/science/article/abs/pii/S0167629622001345?via%3Dihub) that tracked US high school students’ smoking and vaping habits between 2014 and 2019. The analysis shows that with an extra $1.00 in tax (about R14.45 at the time) levied on vapes, just over two-thirds of the kids who dropped e-cigarettes would turn to smoking at least half a pack of conventional cigarettes a day.

#### **Death and taxes**

Although South Africa does tax e-cigarettes, researchers at Reep say it [does little](https://www.econ3x3.org/article/new-vaping-tax-misses-mark) to stop young people from sneaking a puff.

For example, the price of a popular 3ml disposable, single-use vape (which kids [think are cooler](https://pmc.ncbi.nlm.nih.gov/articles/PMC10040067/) than devices with a refillable tank) increased by just R10 after the tax was implemented in June 2023.

In contrast, the price of a 100ml container of e-liquid for refilling a vape tank more than doubled (from R280 to R613.50). So, if only price is considered, the tax would likely not make single-use vapers quit.

And cigarettes may still be an attractive option, too. Puff for puff, vapes and old-school cigarettes cost about the same. A packet of 20 cigarettes sells for about R30, which works out to R1.50 per stick. On average, a smoker gets [11 puffs per cigarette](https://cancercontrol.cancer.gov/sites/default/files/2020-06/m7_11.pdf), research shows.

At about R105, a vape pen filled with 3ml liquid can give you between 600 and 800 puffs, [online adverts say](https://smokeorganic.co.za/blogs/the-smoke-organic-store-blog/how-many-puffs-are-in-an-airspops-one-use-disposable). So, to get the same number of draws of your nicotine fix from conventional cigarettes, you’d have to buy about three packs and a few loose draws, which would cost somewhere between R90 and R105 too.

Dauchy says there isn’t much local research on the impact of the e-cigarette tax yet and that, although there’s evidence of substitution between vapes and cigarettes, most of these studies use data from specific user groups in the US, so they don’t necessarily apply to South Africa. Moreover, the types of products available also affect the outcome of such research, especially with something like e-cigarettes, for which there are many varieties.

“Policymakers should be aware of these studies, but they need to do a country-specific study of the e-cigarette market at a national level before a bill is passed,” she says.

#### **Licence to vape**

Other restrictions that limit people’s access to vapes may also lead to their being swapped for cigarettes. In San Francisco, for example, bans on all flavoured tobacco products, except for mint and menthol, were [announced in July 2018](https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_health/0-0-0-59324). (Big Tobacco has been [known](https://bhekisisa.org/wp-content/uploads/2024/10/carpenter2005.pdf) to use flavoured products to target young people.)

A [study](https://jamanetwork.com/journals/jamapediatrics/fullarticle/2780248) in JAMA Pediatrics showed that, based on data from shortly after the ban was announced, the odds of underage cigarette smoking more than doubled, although the conclusion from the analysis was less dramatic after the [results had to be adjusted](https://jamanetwork.com/journals/jamapediatrics/fullarticle/2794308) because the data came from a period when there were no penalties yet for breaking the no-flavours rule.

Despite this blotch, [another study](https://www.sciencedirect.com/science/article/pii/S2352853220300134), among 18- to 34-year-olds and conducted 10 months after the ban was put in place, showed that vape use dropped by eight to 12 percentage points – but cigarette smoking was up by 10 points among 18- to 24-year-olds.

Dauchy says although there’s evidence of vapers switching to traditional cigarettes shortly after the regulations were passed, it’s unclear how long the effect holds. “What about one year from now? How about three?

“There isn’t enough evidence on the long-term effects of these laws for us to come to a conclusion. People will always find a way to get their hands on illegal products, but \[putting age restrictions in place\] does make it harder for children to access. That’s the important part.” **DM**

*First published by the*[*Bhekisisa Centre for Health Journalism*](https://bhekisisa.org/health-news-south-africa/2024-11-02-will-sas-new-vaping-laws-lead-to-more-smokers-instead-of-fewer/)*, where Christina Pitt is a journalist.*

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*This story first appeared in our weekly*Daily Maverick 168*newspaper, which is available countrywide for R35.*

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