South Africa's parliament has begun the painstaking work of turning the Tobacco Products and Electronic Delivery Systems Control Bill into law, going through it clause by clause. And nicotine pouches are sitting right at the centre of the fight over definitions.

In March 2026, the Department of Health made a significant concession: non-combustible and smokeless tobacco products — including nicotine pouches, snus, chewing tobacco, and e-cigarettes — would be exempt from the bill's packaging and labelling requirements. Deputy Director-General Jeanette Hunter said the exemption reflected that these products "contained fewer toxic chemicals" than smoked tobacco, though rules would still restrict misleading claims and product shapes that appeal to children.

Five months later, that exemption is under scrutiny as MPs work through the bill's definitions — the foundational language that determines which products fall under the strict rules and which do not.

What the MPs are fighting about

The clause-by-clause deliberations, which began on 12 August 2026, opened with the bill's preamble and definitions. Several MPs immediately zeroed in on whether the legislation properly distinguishes between combustible and non-combustible products.

Dr Karl le Roux of the Democratic Alliance proposed changes to the definitions of "smoke" and "aerosols" and called for the bill to include definitions covering non-inhaled products such as pouches and snuff — products that currently sit in a grey zone because they involve neither combustion nor aerosol.

DA MP Michele Clarke argued that the term "smoke" should not include non-combustible products and called for clearer definitions of electronic delivery systems, including distinctions between products that emit aerosol or vapour and those that do not. She also called for an aerosol definition to be added to the bill.

ANC MP Masello Senne proposed that the bill explicitly recognise that different products present different levels of risk, and that evidence-based regulatory frameworks could take those differences into account while advancing public health objectives. That is the core argument for keeping pouches in a lighter regulatory category than cigarettes.

MK Party MP Moshome Motubatse went further, calling for the removal of the bill's reference to a "precautionary approach" to regulating electronic nicotine delivery systems. He argued that legislation should be based on evidence and science, not fear. "A precautionary approach is one where we don't know what's going to happen, we have no information, and we're becoming too cautious to the extent that it becomes like a prohibitory approach," he said.

ActionSA MP Kgosi Letlape questioned the preamble's call to encourage users to quit, asking what happens to those who cannot. "What about those that can't quit? It would be irresponsible for a health board to come up with what might be assumed a quit or die approach," he said, suggesting the wording should also allow current users to seek less harmful alternatives.

Why it matters for pouches

The definition fight is not academic. If the bill's language treats non-combustible products the same as cigarettes — by folding them into broad definitions of "smoke" or "tobacco products" without distinction — then nicotine pouches could be pulled back into the strict rules the health department exempted them from in March. That would mean plain packaging requirements, advertising bans, and display restrictions for pouch brands operating in South Africa.

If the definitions draw a clear line between combustible and non-combustible products, pouches stay in the lighter category — subject to rules against misleading claims and child-appealing shapes, but not the full weight of cigarette-style regulation.

The stakes are growing. Swedish Match (owned by PMI) already launched its Loop pouch brand in South Africa through ASF in 2025, and the broader African pouch market is expanding. South Africa's regulatory approach to pouches will set a precedent that other African markets are watching.

What's next

The committee chairperson, Faith Muthambi, said members had been asked to submit their proposed amendments to the secretariat, with the drafting team expected to work through the proposals as the committee continues its clause-by-clause consideration. The long title of the bill will be dealt with at the end of the process, once the committee has agreed on its amendments.

The bill still has to pass through both houses of parliament before it reaches the president for assent. But the definitions settled during this clause-by-clause stage will shape how nicotine pouches are regulated in South Africa for years to come — and whether the country's harm-reduction advocates, who argued for the March exemption, keep the ground they gained.

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SOURCES:

• IOL, "New tobacco Bill under fire as MPs debate vaping, pouches and illicit cigarettes." 12 Aug 2026. IOL
• Lifestyle & Tech, "Tobacco Bill: MPs scrutinise smokers' rights, illicit trade and new nicotine products clause by clause." 13 Aug 2026. Lifestyle & Tech
• Times Live, "Health department exempts vaping and smokeless nicotine products from bill." 5 Mar 2026. Times Live
• Tobacco Reporter, "S. Africa Exempts Smokeless Tobacco from New Regs." 6 Mar 2026. Tobacco Reporter
• Parliament of South Africa, "Media Statement: Health Committee Welcomes Broad Consensus on Tobacco Products and Electronic Delivery Systems Control Bill." 12 Aug 2026. Parliament of SA
• PMG, "Tobacco Products and Electronic Delivery Systems Control Bill: deliberations." 12 Aug 2026. PMG