Ban on vapes, sale of loose cigarettes on cards

• 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 time to kick the habit is here.

E-cigarettes and vapes are set to be banned, alongside the sale of loose cigarettes, bidis and chewing tobacco (zarda).

A new draft law - The Smoking and Use of Tobacco Products (Control) Ordinance, 2024 - including provisions to that end, is set to be tabled at the meeting of the Advisory Council tomorrow (24 October).

The Business Standard has seen a copy of the draft ordinance.

It has been placed on the meeting agenda for tomorrow, sources familiar with the matter told TBS.

Under the proposed ordinance, which aims to curb the rampant use of tobacco, shopkeepers selling any tobacco products must also have relevant licences, which will also be issued.

Selling without licence will result in a Tk50,000 fine, with the amount doubled for repeat offenders.

Furthermore, tobacco products will not be allowed to be sold within 100 metres of boundaries of educational institutions, hospitals, clinics, sports venues and children's parks. This will carry a fine of Tk5,000 for first time offenders.

Additionally, the draft ordinance also says no hawker or floating vendor person can sell tobacco products.

No sweeteners, spices, fragrances or colours can be used with tobacco products either, with infractions resulting in prison terms not exceeding six months or Tk5 lakh fine or both.

Sellers, distributors, manufacturers, importers and marketers of bidis wrapped in any leaf will face three month imprisonment or Tk2 lakh in fine, while any company responsible will see its licence cancelled and financial transactions suspended.

Many countries have already banned the sale of loose cigarettes, with analysts noting that young people and students are less prone to nicotine addiction with such a ban in place as it costs a lot more to buy entire packets. 

To ensure the ordinance is enforced, the draft also states that any violation will result in monetary penalties and imprisonment of various terms. Second time offenders will face double the penalty.

In 2005, the government enacted the Smoking and Tobacco Products Usage (Control) Act for the first time in Bangladesh.

It was later amended once in 2013.

In 2020, the government took the initiative to make the law stricter by revising it again.

In June 2022, the Ministry of Health published a revised draft of the law on its website for stakeholder feedback.

Following the feedback, it is now set to be placed before the Advisory Council as a draft ordinance.

Do you vape? Might cost you Tk5,000 soon

The draft ordinance also carries a ban for vape or e-cigarette sellers and users.

It says, "No person shall possess an electronic nicotine delivery system, its parts or accessories (e-cigarette, vape, vaping, vapor, etc) heated tobacco products, heat-not-burners and oral nicotine pouches." 

It prohibits the manufacture, import, export, storage, advertisement, promotion, encouragement, sponsoring, marketing, distribution, buying, selling and transportation of such devices.

Users will also be fined Tk5,000, but this will not be applicable if nicotine replacement therapy is prescribed by a registered physician.

What else is in the draft amendment?

Although the existing law prohibits smoking and use of tobacco in indoor restaurants, the draft prohibits smoking and use of tobacco products in any restaurant, eatery, coffee house, tea stall or in public premises.

Secondly, while smoking wasn't allowed in motorised public transport, the new ordinance also imposes a ban on smoking in non-motorised vehicles, such as rickshaws.

It is also proposed that the fine amount for violations be raised from Tk300  to Tk1,000 for smoking in public places.

For those who sell tobacco products in loose form, they will be fined Tk5,000. Any company which violates the rule will be fined not more than Tk2 lakh.

Repeat offenders will find the fines doubled.

The ordinance also bans the depiction of using any form of tobacco in any broadcasting method including television, radio, internet, stage programmes or through any other media.

For sellers, tobacco products or packets must be kept out of sight at the point of sale.

Violation of this clause will result in Tk5 lakh in fine, up from the existing Tk1 lakh.

'Ordinance can reduce death'

Anti-tobacco organisations believe that if this law is passed as it has been prepared by the health ministry, the death rate due to tobacco will decrease.

Speaking to TBS, Executive Director of the advocacy and research non-government organisation Progga ABM Zubair said the health reasons meant they wanted the ordinance to be passed.

"Every year, 1.61 lakh people die due to tobacco use. If this draft ordinance is passed intact, then it is possible to reduce deaths. That is why we want the ordinance to be passed."

Tobacco companies, on the other hand, have already expressed their opposition to the ordinance.

Since Sunday, the British American Tobacco (BAT) Bangladesh and Japan Tobacco International (JTI) have written to various advisers of the interim government on the issue.

On 21 October, a letter signed by Syed Afzal Hossain, company secretary and legal counsel of BAT Bangladesh, was sent to Finance Adviser Salehuddin Ahmed, saying some of the amendments contained clauses which were not enforceable.

He said those had not been made keeping the overall context of the country in mind.

Even if the government succeeds in enacting the law, it would face hurdles in the implementation stage.

Proposing the amendments as "unrealistic", BAT Bangladesh suggested initiating the amendment process afresh keeping in mind the opinion of stakeholders.