Tougher tobacco law looms with ban on loose cigarettes, vapes

• E-cigarettes, vapes to be banned
• Vape users can be fined Tk5,000
• Sale of loose cigarettes, bidis, chewing tobacco to be stopped
• No sale of tobacco products by floating vendors, hawkers
• Licences to be issued for shops selling tobaccos
• No tobacco sales within 100 metres of schools, parks
• Smoking won't be allowed in non-motorised vehicles such as rickshaws either
• No smoking in public places, including tea stalls, coffee shops and restaurants, among others

The interim government plans to enact a new ordinance with stricter tobacco control measures, which will ban the sales of e-cigarettes, vapes, loose cigarettes, bidis, and chewing tobacco (zarda).

Shopkeepers who sell tobacco products, including cigarettes, will have to take a licence, without which they will face penalties of TK50,000. The sale of these products will be prohibited within 100 metres of schools, hospitals, clinics, sports venues, and children's parks.

A fine of Tk5,000 will be imposed on anyone selling loose cigarettes. Besides, anyone selling e-cigarettes and vapes will face a similar fine. 

Currently, the fine for smoking or using tobacco products in public places is Tk300, but the draft ordinance proposes to increase this to Tk1,000.

With these provisions in it, the draft "Smoking and Tobacco Products Usage (Control) Ordinance, 2024" is expected to be presented for approval during the Advisory Council meeting on Thursday (24 October), sources familiar with the matter told TBS.

Many countries have already banned the sale of unpackaged cigarettes. Analysts believe this move will help prevent young people and students from becoming addicted to smoking – as purchasing a full pack is costly.

According to the draft ordinance, seen by TBS, tobacco products, including cigarettes, cannot be sold at mobile shops or by hawkers. Additionally, no sweeteners, spices, flavours, or colours will be permitted to be used in tobacco products.

Violations of this law may result in monetary fines as well as imprisonment for varying durations, with penalties doubling for repeat offences.

The government first enacted the Smoking and Tobacco Products Usage (Control) Act in Bangladesh in 2005, with one amendment made in 2013.

In 2020, the previous government initiated a revision of the Act to strengthen regulations on the use of tobacco and tobacco products.

In June 2022, the Ministry of Health published a revised draft of the law on its website for stakeholder feedback, which is now being presented to the Advisory Council as a draft ordinance.

Anti-tobacco organisations believe that the passage of this law could lead to a decrease in tobacco-related deaths. They said if the draft ordinance prepared by the Ministry of Health is approved as it is, it will effectively control the use of tobacco and tobacco products.

ABM Zubair, executive director of PROGGA, a non-profit organisation long advocating tougher tobacco control, told TBS, "Every year, 161,000 people die due to tobacco usage. If the Ministry of Health's proposed ordinance is passed without changes, it could reduce fatalities. That's why we advocate for the ordinance's approval."

Conversely, tobacco companies are opposing the draft ordinance. Starting Sunday, British American Tobacco (BAT) Bangladesh and Japan Tobacco International (JTI) sent letters to various advisers in the interim government.

On 21 October, a letter signed by Syed Afzal Hossain, company secretary and legal counsel of BAT Bangladesh, was sent to Finance Adviser Dr Salehuddin Ahmed.

The letter stated that some clauses in the draft ordinance are unenforceable and fail to consider the country's overall context. Even if the government succeeds in enacting the law, it may face challenges in its implementation.

Terming the proposed ordinance "unrealistic", BAT Bangladesh has suggested that the draft should be revised again based on stakeholder feedback.

What's in the draft law?

 The current law bans smoking and the use of tobacco products in enclosed restaurants. The draft ordinance extends this prohibition to all types of restaurants, eateries, coffee shops, and other premises.

 While existing laws already prohibit smoking in motor vehicles, the draft law also includes non-motorised vehicles, meaning smoking and tobacco use will be banned in rickshaws and vans.

 Currently, films and dramas featuring smoking must display a warning stating, "Smoking is harmful to health." However, if the draft ordinance is approved, any depiction of tobacco use or electronic nicotine delivery systems will be banned on television, radio, the internet, stage programmes, and other media.

Tobacco products and their packaging must be kept out of sight at points of sale, except during transactions with customers. Violating this rule will lead to incurring a fine of Tk500,000, up from the current penalty of Tk100,000.

According to the revised draft ordinance, the sale of tobacco products from mobile shops or by hawkers will also be prohibited.

Tobacco products cannot be sold within 100 metres of educational institutions, hospitals, clinics, playgrounds, and children's parks. A violation of this rule will result in a Tk5,000 fine for first-time offenders, with penalties doubling for repeated offences.   

The draft ordinance proposes a ban on e-cigarettes and related products, stating, "No person shall manufacture, import, export, store, advertise, or sell electronic nicotine delivery systems, heated tobacco products, or oral nicotine pouches." 

However, this does not apply to nicotine therapy prescribed by a registered physician. 

Manufacturing, importing, or selling bidis is also prohibited, with penalties including up to three months imprisonment or a Tk200,000 fine for violations. Companies found in violation risk licence cancellation, financial transaction suspensions, or fines.

Adding sweeteners, spices, colours, or addictive substances to tobacco products will lead to imprisonment for up to six months, a fine of Tk500,000, or both.