Legal safeguards to combat tobacco-related harm

Thirteen years of implementing the Law on Prevention and Control of Tobacco Harms have demonstrated a decline in the rate of conventional cigarette use among adult men, as well as a significant reduction in exposure to second-hand smoke in households, public places, and workplaces.

However, these achievements are vulnerable to being eroded by the rising use of new tobacco products (such as e-cigarettes and heated tobacco products), particularly among young people.

E-cigarettes harbour diverse flavourings and chemicals. Users can readily elevate nicotine levels to excessive amounts or add narcotics and other addictive substances evading detection. Many localities have reported cases of poisoning linked to e-cigarette use, predominantly among adolescents.

Nguyen Viet Ha from the Health Strategy and Policy Institute (Ministry of Health) cautioned that, alongside traditional cigarettes, e-cigarettes, and heated tobacco products, a new nicotine-containing product — nicotine pouches — has recently emerged. These pouches comprise a powdered substance formulated from natural or synthetic nicotine, flavourings, and other ingredients.

They trigger nicotine addiction, damage the oral mucosa, and have adverse cardiovascular effects, including acute increases in heart rate. Designed to be appealing, they come in various flavours — such as sweet, mint, and “ice” — to amplify their appeal; marketing claims of being “tobacco-free” or “less harmful” foster deceptive illusions of safety. These products specifically target young people, particularly Gen Z.

According to Ha, solely prohibiting the sale of e-cigarettes and heated tobacco products while still tolerating their consumption is an incomplete solution.

Furthermore, a meta-analysis of surveys on adolescents across 75 countries reveals that a sale-only ban reduces the risk of new tobacco product use among 13-to-15-year-olds by only about 20%, and the savings on medical treatment costs are 5.5 times lower than those achieved through a comprehensive ban.

Based on this analysis, Ha argued that a comprehensive ban on new tobacco products is imperative to sever the nicotine supply, prevent young people from initiating consumption, and alleviate the burden of disease and healthcare costs.

Professor Dr. Tran Van Thuan, Deputy Minister of Health and Chairman of the National Medical Council, asserted that amending the Law on Prevention and Control of Tobacco Harms extends far beyond refining a specialised statute.

It is about establishing a robust legal barrier to protect the public — especially children, adolescents, and future generations — from the increasingly diverse risks posed by tobacco and nicotine-containing products.

Resolution No. 72-NQ/TW of the Politburo mandates a decisive shift in mindset from a focus on medical treatment to proactive disease prevention, effective control of risk factors, and the curtailing the consumption of health-harming products, including tobacco.

Recently, the Government issued Resolution No. 160/NQ-CP endorsing the policy framework for a bill amending and supplementing the Law on Prevention and Control of Tobacco Harms.

Two major policies were enacted: first, a ban on the production, trading, storage, transit, transportation, advertising, promotion, sponsorship, harbouring, and use of e-cigarettes, heated tobacco products, and other novel tobacco products; and second, a ban on the display of tobacco products in any form at wholesale and retail establishments.

“We cannot simply wait for health consequences to manifest before intervening. It is far more essential to identify risks early and exercise control at the source, ensuring that new products, marketing strategies, and business models do not create legal loopholes — particularly those that lure young people into nicotine exposure and addiction,” declared Deputy Minister Tran Van Thuan.

Dr. Nguyen Trong Khoa, Deputy Director of the Department of Medical Examination and Treatment under the Ministry of Health and a member of the bill’s drafting team, emphasised that the draft law must fully and accurately institutionalise the two policies ratified by the Government.

Furthermore, the regulations must be sufficiently clear and rigorous to prevent divergent interpretations regarding product identification, the scope of regulation, and responsibilities for implementation.