LETTER: Several flaws in Tobacco Products bill as it stands

The call for public submissions, now extended until September 4, provides consumers with the opportunity to express their opinions on the proposed Tobacco Products and Electronic Delivery Systems Control Bill.

There are several flaws in the bill as it stands. While discussions have predominantly focused on the regulations that intend to restrict advertising and promotion, plain packaging and potential bans on flavours, not much has been said about the regulations that cover the restriction of sales. 

As the backbone of any burgeoning industry, sales are an important aspect of a business. They generate revenue, ensure survival and growth, capture market share, acquire and retain customers, drive product improvement, and enable innovation and adaptation. How can a government justify regulations restricting the sale of both non-nicotine-containing and nicotine-containing products when similar regulations do not exist for similar age-restricted products such as alcohol?

Section 9(5) of the Tobacco Control Bill proposes prohibiting the sale of vapour products through postal and courier services, the internet or any electronic medium. This will limit the accessibility of these products to consumers seeking harm-reduced alternatives and exclude consumers who are located in less-developed or outlying areas with no access to physical vapour product stores.

The proposed regulation does not differentiate between individual sales to consumers (B2C) and wholesale distribution (B2B), which presents a challenge to manufacturers and distributors of vapour products that distribute solely online to retailers.

These regulations will be detrimental to the industry in a number of ways: they will have a negative impact on development within the sector, it will be impossible for new businesses and products to enter the market, eliminating a competitive marketplace, and it will lead to significant job losses across manufacturing, distribution and retail. 

Amanda Ross

Director, Steam Masters  

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