Vaping Industry Warns Parliament: New Tobacco Bill Threatens Survival and Fuels Illicit Trade
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Cape Town – The Tobacco Products and Electronic Delivery Systems Control Bill (B33-2022) faced strong opposition from the vaping industry on June 19, 2025, during public hearings before the Parliamentary Portfolio Committee on Health. Vaperite, a leading South African vape retailer, presented a dire warning that the proposed legislation could force legitimate businesses to close, leading to job losses and a surge in the illicit trade of vaping products.
Barry Buchman, founder and joint managing director of Vaperite, detailed his company’s operational and survival dilemma under the new bill, emphasizing that the proposed regulations are “a direct threat to the legal vape industry.” He highlighted that Vaperite, established in 2015, has 42 retail stores employing over 200 staff, with a focus on providing less harmful alternatives to combustible tobacco.
A central concern raised by Vaperite is the excise tax imposed on vaping products, which they argue is discriminatory and disproportionately high. Buchman stated that the current tax has made legal vaping products expensive, driving consumers towards the cheaper illicit market, which now accounts for an estimated 97% of all vaping product sales.
Vaperite also pointed out that the bill’s provisions, such as the ban on product display and the prohibition of vending machines, are not suitable for the vaping industry and will exacerbate the illicit trade. They argue that concealing products will make it harder for consumers to identify legitimate items and will open the door for unregulated products.
Crucially, Vaperite warned that clauses in the bill, particularly regarding changes in law that make business unprofitable, could trigger the termination of lease agreements for their stores, effectively forcing them out of business.
To counter youth access and illicit trade without destroying the legitimate industry, Vaperite proposed a four-step plan:
- Legal age limit of 18 for sales.
- License all retailers of vaping products.
- Maximum nicotine strength of 3%.
- Ban single-use disposable vapes.
Buchman stressed that Vaperite already self-imposes an age limit of 18, utilizes advanced age verification systems, and actively promotes responsible consumption with the message: “If you smoke, switch to vaping; if you don’t smoke or vape, don’t start.”
Vaperite further advocated for the separation of vape regulations from tobacco regulations, suggesting that a distinct regulatory framework for vaping would better serve public health goals by acknowledging the harm reduction potential of these products. They also called for parliamentary oversight visits to countries with proactive and vaping-friendly regulations to inform South African policy. The company emphasized that the true threat to youth access and environmental harm comes from the unregulated illicit market, which the current bill, they argue, will inadvertently bolster.
