SATIRTHA CHAKMA

The interim government has recently enacted the Smoking and Tobacco Products Usage (Control) (Amendment) Ordinance, 2025 (the ‘Ordinance’) marking a significant step in strengthening Bangladesh’s tobacco control regime. The fresh ordinance redefines ‘tobacco’ and broadens the meaning of ‘tobacco products’ to include e-cigarettes, Electronic Nicotine Delivery System (ENDS), Heated Tobacco Product (HTP) and similar devices that have rapidly gained popularity, particularly among the younger users.

The most consequential change lies in redefining what constitutes a ‘public place.’ Previously, in the Smoking and Tobacco Products Usage (Control) Act, 2005 (the Act), the definition remained vague and insufficient, leaving loopholes for interpretation and enforcement. However, the new ordinance explicitly includes ‘indoor workplace’ removing the ambiguity surrounding offices and enclosed work environments. Notably, no clear meaning attached to the term ‘private offices’ earlier, although it was included in the previous definition. The 2025 ordinance clarifies the term, thereby enabling its broader and more substantive interpretation aligned with public health objectives.

The ordinance imposes ban on tobacco advertising and promotion in all media platforms, including print, electronic, internet, social media, Point of Sales (POS) display, Corporate Social Responsibility (CSR) activities and event sponsorships. Further, the amended section 6 (kha) of the Act now prohibits the sale of tobacco products within 100 meters of educational institutions, hospitals, clinics, playgrounds, and children’s amusement parks. This provision, which did not exist in the previous Act, addresses the potential risk of exposure of tobacco products in immediate surroundings and mandates preventive measures.

Furthermore, section 6 (gha) imposes a ban on the production, marketing, and use of bidis made from Kumbi and Tendu leaves and consequently repeals the Bidi Manufacture (Prohibition) Ordinance, 1975 through section 18. In addition, the amended section 10(1) mandates strict colour pictorial health warnings covering 75% of tobacco packaging, along with compulsory warning messages, bringing Bangladesh closer to global best practices in tobacco control.

Penalties under the ordinance have been significantly enhanced too. The amended section 4(2) increases the fine for violations from Tk 300 to Tk 2,000, with double penalties for repeated offences, while section 6(ga) of the amended Act introduces a fine of Tk 5,000 for vaping-related violations. The ordinance also prohibits the use of trademarks of tobacco manufacturing companies in the name of Corporate Social Responsibility products, further limiting the brand visibility and appeal.

The ordinance will affect everyday life and living of many, with roadside tong (floating tea stalls) selling tobacco products are likely to face increased scrutiny. For companies, the law introduces stronger sanctions, including licence cancellation and seizure of goods. However, fine and penalties cannot be the ultimate solution. Rather, a holistic approach to tobacco regulation that integrates enforcement, public awareness, economic transition strategies, and institutional accountability is essential. Equally important is the cultivation of civic responsibility to ensure compliance and social acceptance of the law.

Again, there also lies a strong economic contribution arising out of the tobacco industry. In Fiscal Year (FY) 2022–23, Bangladesh’s cigarette industry contributed BDT 346.4 billion (about 11.6% of total tax revenue), generated around Tk 40,000 crore in FY 2023–24 with 16% growth, and supports approximately 1.6 million jobs across the economy–additionally creating employment opportunities. Any regulatory framework must therefore be carefully curved considering public health priorities with economic and employment considerations.

A noticeable shift from conventional cigarettes to vapes or e-cigarettes is increasingly evident among younger generations, driven by the misconception that these products are less harmful. In reality, tobacco contains radioactive elements, most notably Polonium-210 (Po-210) and Lead-210 (Pb-210), which pose serious and potentially fatal health risks not only to smokers but also to non-smokers exposed to second-hand smoke.

Despite these robust legal provisions, the core challenge remains is implementation. Bangladesh does not suffer from a shortage of tobacco control laws; rather, weak enforcement and coupled with lack of accountability often render such legislation to symbolic gestures. Without consistent monitoring and institutional responsibility, even the strongest laws risk becoming mere showpieces.

The writer is official contributor to the Law Desk.