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This presentation discusses the regulations and control measures relating to smoking in South Africa, including the purpose of the Tobacco Control Act, reduced ignition propensity, display of tobacco products, graphic health warnings, and smoke-free laws.
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Regulations relating to SmokingPresentation to the Portfolio Committee on Health 19 September 2012
Smoking prevalence in SA Source: AMPS, Van Walbeek (2005), Blecher (2008)
Mortality in South Africa About 44,400 deaths a year (8%-9% of all deaths). 3x more male deaths. Main causes • CVD, • COPD, • Lung ca, • TB
Tobacco Control Act Purpose • to deter people, especially the youth, from using tobacco products, • to protect non- smokers from exposure to tobacco smoke and • to encourage existing users of tobacco products to quit
Mortality in South Africa About 44,400 deaths a year (8%-9% of all deaths). 3x more male deaths. Main causes- CVD, COPD, Lung ca, TB
Tobacco Control Regulations Reduced Ignition Propensity (RIP) – gazetted on 16 May 2011 , with effect from 16 Nov 2012 Main Purpose • to reduce fires – protect human life, flora & fauna and prevent hardship to rebuild homes and settlements that are destroyed by fires • Testing of tobacco products – to be sent to ISO/IEC guide 17025:2005 accredited laboratories, available internationally.
Tobacco Control Display of Tobacco Products at Wholesale & Retails (points of sale) – republished for public comment on 24 Aug 2012 - 24 Nov 2012 • Research shows: tobacco displays at retail stores - important form of advertising and promotion & increase tobacco sales. • Large, attractive tobacco displays in convenience stores, supermarkets, and gas stations - designed to create an awareness & interest in tobacco brands and to prompt impulse purchases by consumers. (Ex-smokers complaint on seeing favourite brand attractively displayed in shops -trigger craving ). • Displays banned: Iceland – 2001,Canada - 2002-2010, Thailand – 2005, British Virgin Islands – 2007, Ireland – 2009, England, Wales & Northern Ireland - 2010-2011
Tobacco Control Norwegian court uphold display ban • Since 2010 tobacco products have been covered up in Norwegian shops and are not visible to buyers, as part of a drive to discourage tobacco use. • Philip Morris, world’s largest cigarette manufacturer, challenged the ban in the courts arguing the ban violates a free trade agreement with the EU. • On 17 September the Norwegian court upheld the ban on displaying tobacco products in stores, "As the court sees it, the display ban is necessary and that there are no alternative, less intrusive measures that can have equivalent results," it said.
Constitutional Court of SA: Ruling • The Constitutional Court : denied BATSA’s appeal against an order made by the Supreme Court of Appeal (SCA), Bloemfontein. In June, the SCA ruled that a ban on the advertising and promotion of tobacco products under the Tobacco Products Control Act was “reasonable and justifiable in an open and democratic society”. • The SCA in its judgement found: powerful public health considerations for a ban on the advertising and promotion of tobacco products and that the seriousness of the dangers of smoking far out weigh the interests of smokers as a group or the commercial interests of BATSA.
Tobacco Control Smoking in Public Places and certain Outdoor places – published for public comment 30 March 2012 – 30 Jun 2012. • Currently reviewing inputs for finalisation • Key areas of concern: entrances to public places; outdoor eating or drinking areas; health facilities, schools, child care facilities, covered walkways, stadia
Tobacco Control Graphic Health Warnings – Focus Group discussions Graphic Health Warnings: currently only text messages are printed on tobacco products Testing Pictorials and health messages • Gauteng – Focus Group discussions • Western Cape - Focus group discussions • Reports to be completed by Dec 2012 • Draft regulations to be finalised for public comment by March 2013
Smoke free laws • Best examples of primary health care and health promotion in action. • Empower people by making clear rules about where you may or may not smoke • Active citizenry -demand the right to clean air. (citizens - not the police - make shopping malls, workplaces, public transport smoke free. • Majority of smokers and nonsmokers support the regulations. • Many nonsmokers feel that existing laws do not protect them adequately and they are still being exposed to tobacco smoke. - - therefore want 100% smoke fee areas indoors. The new regulations also conforms to best practice as recommended by the guidelines of the FCTC.