Bangladesh Proposes Regulations to Completely Ban E-cigarettes, HTPs and Nicotine Pouches

The interim government in Bangladesh is set to impose a comprehensive tobacco control ordinance that aims to curb sales of e-cigarettes, heated tobacco products (HTPs), and nicotine pouches. However, major tobacco companies like British American Tobacco Bangladesh and Japan Tobacco International have expressed opposition, arguing that some provisions in the draft are impractical and difficult to enforce.

As reported by TBS News on October 23, the proposed ordinance includes a ban on selling e-cigarettes, vaping products, loose cigarettes, bidis, and traditional smokeless tobacco products like Zarda. Sources indicate that the Smoking and Tobacco Product Usage (Control) Act, 2024, which includes these provisions, is expected to be tabled for approval at an advisory council meeting on October 24.

ABM Zubair, Executive Director of the non-profit organization PROGGA, notes that tobacco-related deaths number 161,000 annually. If the bill passes, it could significantly reduce this toll.

Despite these potential benefits, tobacco giants British American Tobacco Bangladesh (BAT) and Japan Tobacco International (JTI) have formally opposed the draft. On October 21, Syed Afzal Hossain, secretary and legal advisor for BAT, wrote a letter to Dr. Salehuddin Ahmed, Financial Advisor, criticizing certain clauses as unenforceable and lacking consideration of the country’s broader context. BAT has labeled the ordinance “impractical” and suggested that the draft be revised based on stakeholder feedback.

Key elements of the draft include:

1. A ban on smoking and tobacco use in public places like tea stalls, cafes, and restaurants, with fines proposed to increase from 300 taka (about $2.5) to 1000 taka (about $8.4).
2. Sellers of tobacco products must obtain licenses, with violations facing fines up to 50,000 taka (about $420).
3. A prohibition on smoking and tobacco use in rickshaws and other non-motorized vehicles.
4. Restrictions on media, where smoking scenes in films and TV will show a health warning and later be banned from TV, radio, and the internet.
5. Mandatory covering of tobacco product packaging, with fines of 500,000 taka (about $4,200) for violations; repeated offenses incur doubled fines.
6. A ban on sales from mobile stalls or by peddlers, and within 100 meters of schools and hospitals, with fines starting at 5,000 taka (about $42).
7. Prohibiting additives like sweeteners and flavorings in tobacco products, with violations punishable by up to six months in prison, a 500,000 taka fine, or both.
8. Specific fines for selling loose cigarettes and e-cigarettes, are similar to those for the above activities.
9. A total ban on manufacturing, importing, exporting, or selling electronic nicotine delivery systems, HTPs, or nicotine pouches—excluding nicotine therapy prescribed by doctors.
10. Making manufacturing or selling bidis illegal, with penalties of up to 200,000 taka (about $1,680) or three months of imprisonment, and potential revocation of company licenses.

The Smoking and Tobacco Product Usage (Control) Act was first introduced in 2005 and amended in 2013. In 2020, a government amendment sought to regulate tobacco use more stringently. A draft amendment was open for public feedback in mid-2022.

In summary, Bangladesh’s proposed tobacco ordinance is a crucial step for public health improvement. While opposed by some tobacco companies, its successful implementation could have a positive impact. The government should carefully consider feedback to ensure the ordinance’s viability, supported by public education initiatives to foster compliance and support