According to the National Council Against Smoking (NCAS), a group advocating for effective legislation to control tobacco use since 1976, the current Tobacco Products Control Act of 1993 excludes e-cigarettes from its regulations.
A Grade 7 pupil caught vaping at school has triggered a debate among parents and teachers about the responsibility of shop owners who allegedly sell vapes to minors.
The 12-year-old pupil of VTC House allegedly bought the vape from a nearby shop, according to his mother who asked to remain anonymous to protect his identity.
The incident happened on Friday July 19.
She said she was “deeply disappointed” and her son could face possible disciplinary action, but she felt the shopkeeper had to take some responsibility.
She claims the shop sells vapes to minors without checking their identification.
She said VTC House had recently moved to a location near the store, where students often bought snacks and were exposed to vapes.
VTC House’s vice principal, Heather Cicatello, emphasised that smoking, vaping and the use of any drugs were strictly prohibited on school premises. She said there has been a significant increase in vaping among pupils in recent months.
Some pupils, she said, had been seen going into the store and a couple had been caught buying vapes there. She said some parents had approached the shopowner who claims he does not sell vapes to minors.
However, according to the National Council Against Smoking (NCAS), a group advocating for effective legislation to control tobacco use since 1976, the current Tobacco Products Control Act of 1993 excludes e-cigarettes from its regulations.
NCAS deputy director Dr Sharon Nyatsanza said that while the law governed all tobacco products, its definition specifically pertained to products containing tobacco intended for human consumption, encompassing devices, pipes, water pipes, papers, portion pouches and similar items used for tobacco consumption.
That limitation, she said, represented a significant gap in existing legislation, as it failed to address emerging products such as e-cigarettes that were harmful, contained nicotine and were increasingly prevalent in the market alongside traditional tobacco products – but did not contain tobacco.
Fish Hoek police spokesman Warrant Officer Peter Middleton said that while the current law only prevented tobacco products from being sold to persons under the age of 18, shop owners were expected to use discretion when selling items such as vapes to minors.
Dr Nyatsanza said the NCAS had received calls from various schools regarding the escalating use of e-cigarettes among school-aged children.
“Studies indicate a growing popularity of e-cigarettes among younger demographics,” she said, adding that research also suggested that children who vaped were more likely to transition to traditional tobacco products, highlighting the need for comprehensive regulation.
“Currently, there are no laws governing nicotine levels, ingredients, flavours, packaging, labelling, marketing, distribution, or sales restrictions of e-cigarettes. Despite claims by e-cigarette companies that they do not sell or market to minors, children are accessing e-cigarettes easily.”
She said South Africa urgently needed the passage of the Tobacco Products and Electronic Delivery Systems Control Bill which aims to regulate e-cigarettes.
She said the proposed bill had progressed to the portfolio committee on health and the committee had completed public consultations in seven of the nine provinces.
“We strongly urge the government to prioritise addressing this critical public health issue promptly and effectively,” she said.
Western Cape Education Department spokesperson Bronagh Hammond said the use of vapes and e-cigarettes in public schools was not governed by specific regulations due to the lack of regulation at a national level.
However, she said, schools classified the use and possession of e-cigarettes as the same as tobacco cigarettes in terms of banned substances on school property.
She said the extent of the use of vapes in schools was not specifically known as it was not necessarily reported.
“Many of these cases are dealt with by the school governing body in terms of their school code of conduct. This generally results in a sanction, which varies from school to school,” she said.
The Echo visited the shop on Monday July 29, but the owner was not available for comment.