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Bill to stub out new
cigarette selling tactics Scholarships, glamorous parties to go Science and
Health Editor CAPE TOWN Government is poised to tighten the screws on tobacco
companies, closing legal loopholes that have allowed the industry to sidestep
the Tobacco Products Control Act to promote its products. The number of people
who smoke had fallen since the act was passed in 1993, but laws needed to be
tightened to protect nonsmokers and reduce the risks for people who continued to
smoke, the health department's director of health promotion, Zanele Mthembu,
said in a meeting of the multiparty health portfolio committee . About 25% of
South Africans smoked, and tobacco-related diseases killed an estimated 25000
people each year, she said. Cigarette advertising and sponsorship were banned in
April 2001, but British American Tobacco (BAT), which has more than 90% of the
local market, developed a host of alternative ways to legally market its
products. Drawing on its consumer databases, BAT used the internet and cellphone
text messages to spread the word about glamorous private parties and events, and
marketed its products one-toone in clubs and on beaches. "The parties are
supposed to be for smokers, but nonsmokers are lured into buying (and smoking)
cigarettes to get into the select group invited to these events," said Mthembu.
The health department intended to ban all promotion of this kind with the
Tobacco Products Control Amendment Bill, which still had be scrutinised by the
cabinet and passed by Parliament before it became law. Corporate sponsorship of
students through dedicated bursaries and scholarships would also be banned. "The
industry says it is making a contribution to uplifting the economy, but we all
know why they are doing this to advance their cause," Mthembu said. BAT
spokesman Simon Millson said: "We support regulation, but if you over-regulate
you allow the illegal operators to increasingly make gains in the market." He
said illicit trade in tobacco products in SA had risen sharply since the Tobacco
Products Control Act was introduced. Armin Aeberhard, the local MD of newcomer
Phil ip Morris, said tighter legislation would restrict marketing activities of
tobacco companies to such an extent that it would hinder new entrants and stifle
competition. The bill, which was first published for public comment a year ago,
also proposes tighter control of smoking in public places and steeper fines for
breaking the law. Fines are currently limited to R200, making the courts
reluctant to prosecute offenders, said Patricia Lambert, legal adviser to Health
Minister Manto Tshabalala-Msimang. Sales of cigarettes would be banned at
hospitals and schools, the minimum age for buying cigarettes raised from 16 to
18, and children would be barred from public smoking areas . Cigarette
manufacturers will also be required to provide details of the ingredients and
additives in their products. The health department did not intend to ban
cigarettes, as this would drive sales underground, said Lambert. Instead,
government would tightly regulate cigarette sales and use, and inform the public
about the dangers of tobacco. "Cigarettes are deadly. They will harm or kill the
people who use them, which is exactly what their manufacturers intend," she
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