The Tobacco Control (Amendment) Bill of Bhutan, 2026 was introduced in the House for consideration, marking a comprehensive and timely revision of the Tobacco Control Act of Bhutan, first enacted in 2010 and subsequently amended in 2014, 2021, and refined in 2024.

The Bill was presented by the Social and Cultural Affairs Committee (SCAC), which outlined that the present amendment has been necessitated by the rapid emergence of new nicotine and tobacco-related products, including e-cigarettes, vapes, Electronic Nicotine Delivery Systems (ENDS), Electronic Non-Nicotine Delivery Systems (ENNDS), and synthetic nicotine products, which were not adequately addressed under the existing legal framework.

The Committee informed the House that the review of the Act was entrusted during the 20th Plenary Session of the National Council, in response to evolving public health challenges and changing consumption patterns. It was further highlighted that the amendment process was guided by the Youth and Substance Abuse (YSA) Report presented during the 35th Session of the National Council, which raised concerns over increasing substance use among young people and recommended stronger regulatory measures.

Presenting key findings, the Committee reported a significant increase in tobacco and electronic cigarette imports between 2023 and 2025, based on data from the Department of Revenue and Customs (DRC). Cigarettes containing tobacco increased from approximately 107.4 million sticks in 2023 to over 204.2 million sticks in 2025. Similarly, imports of electronic cigarettes and vaporising devices rose from 25,533 units in 2023 to 448,086 units in 2025, reflecting a growing market for novel nicotine products.

The Committee further informed the House that tobacco use is increasingly affecting young people aged 15–24, with rising concerns over vaping. The Bhutan Food and Drug Authority (BFDA) highlighted potential health risks associated with such products, including the presence of toxic substances such as heavy metals. The National Health Survey (2023) reported a tobacco use prevalence of 31.4 percent, alongside notable exposure to second-hand smoke in homes and workplaces.

The World Health Organization has stated that e-cigarettes have not been shown to be effective for smoking cessation at the population level and may pose significant public health risks. It was also noted that a number of countries have imposed restrictions or bans on the sale of such products in line with emerging global evidence.

As a Party to the WHO Framework Convention on Tobacco Control (FCTC), Bhutan is obliged to strengthen its national legislation in line with international standards. Accordingly, the Bill seeks to close existing legal gaps, strengthen enforcement mechanisms, modernize definitions, improve institutional coordination, and enhance protection of young people, including the introduction of a legal age of 18 years for the purchase and use of tobacco and nicotine products.

The Committee proposed 21 amendments to the Act to strengthen the regulatory framework, alongside the repeal of four outdated or redundant provisions. The Bill also introduces 11 new sections and 11 sub-sections to address emerging products, enhance enforcement, and improve public health protection.

A key feature of the Bill is the introduction of a new definition for “Novel and Emerging Nicotine and Tobacco Products,” covering electronic devices that heat substances—with or without nicotine—to produce inhalable aerosols, including vaping systems, e-cigarettes, ENDS, and heat-not-burn products.

The Bill proposes a permanent prohibition on the import, manufacture, distribution, and sale of such products, citing their increasing use among young people and associated health risks.

The Bill further strengthens smoke-free provisions by prohibiting smoking in Dzongs, monasteries, religious centres, health and educational institutions, tsechu grounds, recreational parks, and sports fields. It also empowers the relevant authority to declare additional smoke-free zones as required.

Enforcement responsibilities are expanded to include local governments such as Dzongkhag Tshogdu, Gewog Tshogde, and Thromde Tshogde, ensuring community-level implementation of tobacco control measures.

In line with the Civil Service Reform Act of Bhutan 2022, the Bill proposes an institutional restructuring whereby the functions of the Tobacco Control Board will be transferred to the Bhutan Food and Drug Authority (BFDA) Governing Board. This aims to strengthen scientific oversight and regulatory efficiency, including enhanced product quality control mechanisms.

The Bill assigns clear roles to relevant agencies. The Ministry of Health will lead awareness and research activities, while the Ministry of Industry, Commerce and Employment will enforce trade and advertising restrictions. The Ministry of Finance will oversee enforcement of prohibitions, the Ministry of Education and Skills Development will focus on awareness programmes, and the Royal Bhutan Police will ensure enforcement of bans and compliance measures.

Authorized officers are also empowered to conduct inspections without warrant where there are reasonable grounds to suspect illegal activity related to tobacco products.

The Bill strengthens penalties to ensure effective deterrence. Selling tobacco products to individuals under 18 years of age, as well as dealing in prohibited novel nicotine products, will constitute a fourth-degree felony under the Penal Code of Bhutan. The Bill also prohibits misleading promotion of tobacco products, including claims of reduced harm, and mandates the inclusion of anti-tobacco disclaimers in digital and media content depicting tobacco use.

Following the presentation, Hon’ble Members sought clarifications and shared views on the scope of the proposed amendments, regulatory implications on emerging nicotine products, and the potential public health and compliance impacts of the Bill.