Health
(1) Whether the electronic cigarette (E–Cigarette) which is claimed to be a healthy alternative to tobacco contains harmful elements; if so what additional or amended legislation will be introduced,
(2) would public places and workplace smoking policy be included, if not (a) would age restrictions be excluded in the use or sale thereof and (b) would pregnant mothers still be discouraged to use it?
[1] E-cigarettes do not contain tobacco so do not fall under The Tobacco Products Control Act of 1993 and they form part of electronic nicotine delivery systems which are products that resemble cigarettes and contain tobacco derived substances, but in which tobacco is not necessary. The e-cigarette is designed to deliver nicotine to the respiratory system.
Some establishments allow the use of these devices indoors because they emit vapour instead of smoke. Yet there already have been complaints from the public objecting to e-cigarettes. They complain that the vapours are affecting their throats and eyes.
For this reason, the Western Cape Department of Health discourages the use of both tobacco and e-cigarettes as e-cigarettes may be as harmful as tobacco cigarettes as they contain chemicals and there may be harmful effects associated with both
[2] The use of e-cigarettes are not prohibited in the current smoking policy.
“Electronic nicotine delivery systems [“ENDS”]1, including e-cigarettes, are explained as follows:-
“ENDS are designed to deliver nicotine to the respiratory system. The term encompasses products that contain tobacco-derived substances, but in which tobacco is not necessary for operation. They are battery-powered devices that provide inhaled doses of nicotine by delivering a vaporized propylene glycol/nicotine mixture. ENDS are marketed under a variety of brand names and descriptors, of which the terms “electronic cigarettes: or “e-cigs” are the most common. It appears that electronic cigarettes that are capable of providing inhaled doses of nicotine, but that do not contain nicotine are also available in some countries”.
In light of the above, nicotine is a tobacco-derived substance or a byproduct of tobacco. ENDS are designed to deliver nicotine to the respiratory system. Tobacco itself, is therefore not contained in the ENDS. ENDS can therefore not be read into the definition of “tobacco products” in terms of the Act, as it does not contain tobacco.
The Regulations relating to smoking of tobacco products in public places are therefore not applicable to ENDS.
ENDS are however, products that resemble cigarettes and may be seen as challenging the denormalization of tobacco use. For this reason, amendments to the legislation, to ensure that e-cigarettes are regulated, is currently under consideration.
