Draft Regulation R.3337 was published for comment in April 2023. However, it remains a draft three years later. As such, the calls for implementation continue from civil society organisations and industry stakeholders, based primarily on the health issues facing South Africans. Recently, the Access to Nutrition Initiative called for the regulations’ implantation without delay. We were recently advised that the Department of Health is reviewing R.3337 and that it would then engage with NEDLAC in May 2026. No official update has been issued to the public as yet.
The draft is extremely wide-reaching, and probably the most notable feature of R.3337 is the introduction of mandatory front-of-pack warning labels for products exceeding prescribed thresholds for added sugar, sodium saturated fat, as well as certain products containing artificial sweeteners. Products carrying warning labels may be restricted from making certain health or nutrition claims and from using certain endorsement logos, celebrities, sports stars, cartoon characters, competitions, gifts and promotional merchandise. These provisions drastically change packaging, endorsements, sponsorships and merchandising programmes.
Compliance with R.3337 would be premature at this stage, though. The Department of Health indicated that it would consider comments and publish an amended version of the regulations, but it remains unclear what changes may be made or when publication of updated or final regulations is likely to take place. Also, various regulations have since been passed since R.3337 which would conflict with it in its current state.
Therefore, manufacturers should focus on compliance with the existing labelling regulations under R.146 and the other applicable regulations, which contain many provisions that overlap with R.3337 and are likely to remain in place. Given the costs associated with rebranding and substantive changes to product packaging and marketing materials, businesses should avoid changes until there is certainty regarding both the timing and content.
We see that changes will be made to the regulatory framework in the future, and as always, in ensuring compliance with the current regulatory framework it is important to appoint knowledgeable professional advisors that are apprised of regulatory developments in the relevant industry, and to not simply do what the rest of the industry is doing – especially in view of an uptick in political will to enforce new regulations being passed in the food and beverage industry in South Africa.
