Curbs on marketing will weigh on vapour products industry

Can a business survive without marketing? 

This question may seem strange but in today’s always-on, connected world where we’re fed products through every channel imaginable — billboards, television, magazines, newspapers, radios, websites and social media — it’s easy for a business to fade into the background if it’s not constantly in your face.

And when a business serves a purpose — such as helping its clients succeed, empowering people or, in the case of the vapour products industry, which I am a part of, reducing harm caused by combustible tobacco products — it’s important for it to form meaningful relationships with its customers through its brand presence. And this means being visible in the spaces and places where its customers are.

Generally, this is pretty achievable for most businesses. However, if the proposed Tobacco Products and Electronic Delivery Systems Control Bill is passed, this will no longer be an option for businesses in the vapour products industry. 

This may seem like an over-exaggeration but let’s unpack some of the sections to truly understand just how this bill will impact businesses and, ultimately, the livelihoods of those operating and working in these businesses as well as the health of their customers.

Sections 3(1), 3(2)(a–c) and 3(4)(e–f) of the proposed legislation restricts all domestic and cross-border advertising, promotion and sponsorship of vapour products, which essentially places limitations on how stores display and market their products.

At first glance, this regulation seems reasonable — but that’s only if it’s viewed in the context of large grocery stores, such as Pick n Pays or Spars, where entire families go shopping. A display ban in these stores will potentially stop displays from attracting children or non-smokers and non-vapers to these kinds of products, and that’s totally understandable.

However, the legislation doesn’t take into account specialist stores such as ours, where people under the age of 18 are not allowed. Additionally, people who visit specialist vapour product stores are specifically entering that store with the intent to purchase a harm-reduced product, so enacting a display ban in this instance would be pointless.

Section 3(5)(d–e) also prohibits the promotion and sale of vapour products as less-harmful alternatives to traditional tobacco products while sections 5(1) and 6(1) allow the minister of health to regulate packaging and labelling of electronic nicotine delivery systems/electronic non-nicotine delivery systems, also known as vaping devices, and includes standardising packaging and labelling non-nicotine containing products used with vaping devices.

This is illogical as it both hinders harm-reduction efforts and prohibits education and awareness in a country where about 8% of South Africans die from tobacco-related diseases each year. While sales are important to our business, a large part of what we do includes helping customers find the right vaping device and flavour of e-liquid that will allow them to slowly move away from using harmful combustible cigarettes.

Without marketing materials, which include proper displays, packaging and labelling, we’ll be limited in our ability to compete with big stores and it will be difficult for our employees to provide reliable information to customers.

As a vaper and a vape store owner, the implications of the proposed Tobacco Control Bill could be detrimental to health and business. And it can all be avoided if the department of health has proper consultations with stakeholders from the industry.

After all, we’re not opposed to regulation; we’re just opposed to mass legislation that doesn’t take into account the nuances of the industry and its stakeholders.

This is why I am urging other vapers, those working in the industry and concerned citizens to make their voices heard and submit their concerns to the parliamentary portfolio committee on health, which is now accepting submissions on the bill.

• Shane Wiseman is the owner and director of Juicy Joes Vape Store in Cape Town. To make a submission on the proposed Tobacco Products and Electronic Delivery Systems Control Bill, visit vpasa.org.za.