By Esther Olaoluwa |
The Nigerian tobacco-control community has rejected the proposed amendment to the National Tobacco Control Act (NTCA) 2015, describing the bill as a threat to public health and existing protections against tobacco and nicotine products.
In a joint statement issued on Thursday, the coalition called for the immediate withdrawal of the National Tobacco Control Act (Amendment) Bill, 2025, and urged President Bola Ahmed Tinubu to withhold assent if the bill is presented to him for approval.
The groups argued that the proposed amendment would weaken existing tobacco-control measures and create a more permissive regulatory environment for electronic cigarettes, heated tobacco products, nicotine pouches and other non-combustible products.
They said the bill should not proceed regardless of its current administrative stage following its passage through the National Assembly.
Groups Raise Concerns Over New Products
According to the coalition, the 2015 Act was built around strict restrictions on the advertising, promotion, sponsorship, display and remote accessibility of tobacco products because of their addictive and harmful nature.
However, the groups said the proposed amendment would give newer tobacco and nicotine products freedoms that are not available to conventional cigarettes.
They particularly criticised what they described as contradictions in the bill’s classification of non-combustible products.
The coalition said the bill defines non-combustible products to include heated tobacco products while simultaneously excluding non-combustible products from the definition of tobacco products.
It argued that such a provision could mean that products containing tobacco would no longer be treated as tobacco products simply because they are heated rather than burned.
The groups said the approach was inconsistent with the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), which recognises heated tobacco products as tobacco products requiring tobacco-control measures.
Concerns Over Advertising to Young People
The coalition also rejected provisions it said would reopen tobacco advertising, promotion and sponsorship through adult publications, point-of-sale promotions, online advertising and supposedly adult events.
It raised concerns about the bill’s definition of an “adult publication” as one where people above 18 years account for at least 50 per cent of the readership.
According to the groups, the provision could allow publications with up to half of their readers aged 18 or younger to carry advertisements for vapes, heated tobacco products and nicotine pouches.
The coalition said the provision was particularly concerning given Nigeria’s young population and widespread internet access among children and adolescents.
It cited UNICEF data indicating that more than 60 per cent of Nigerians are below 30, more than 70 per cent are under 35, while 43 per cent are aged 15 or younger.
The groups also referenced a Nigerian Communications Commission study which found that 93 per cent of surveyed children aged 11 to 16 and 45 per cent of those aged four to 10 accessed the internet using their own phones.
They argued that these realities could make it easier for tobacco and nicotine advertising to reach young people through digital platforms, newspapers, magazines and blogs.
Coalition Opposes Online Sales
The groups also criticised provisions that would allow online purchases, courier deliveries and other remote sales of non-combustible products.
They said the proposed framework would also permit the display of such products behind retail counters and allow vaping-product sampling within enclosed points of sale.
According to the coalition, these provisions could create an entire commercial chain involving online advertising, retail display, product sampling and home delivery.
The groups questioned whether age-verification requirements would be sufficient to prevent minors and other vulnerable people from accessing the products.
They argued that digital age-verification systems could be bypassed and expressed concern over Nigeria’s capacity to monitor social media advertisements, online transactions, retail displays and courier deliveries effectively.
Groups Fault Packaging, Warning Provisions
The coalition further raised concerns about proposed changes to packaging, health warnings and enforcement provisions.
It said the amendment would retain the requirement for cigarettes to be sold in packs of at least 20 sticks while allowing cigars to be sold in packs of five.
The groups argued that smaller packs could make cigars more affordable and accessible.
They also criticised provisions relating to nicotine-pouch warnings, saying the proposed text-only warning would cover no more than 10 per cent of the front of the packaging.
The coalition further objected to the absence of health warnings on vaping and tobacco-heating devices and the deletion of some penalty provisions in the existing law.
According to the groups, these changes could create uncertainty over the consequences of violations.
Groups Raise ‘Trade Secrets’ Concerns
The coalition also opposed provisions that would allow tobacco and nicotine companies to classify product information as “trade secrets.”
It argued that requiring the Minister of Health to keep such information confidential could prevent public health experts, researchers and civil society organisations from independently examining the chemical composition and potential risks associated with the products.
The groups said the proposed secrecy provisions would represent a departure from the existing obligation to make relevant reports public under the 2015 law and could conflict with the Freedom of Information Act.
They also raised concerns over a provision granting the Minister of Health the power to exempt non-combustible products from statutory requirements on undefined “public interest” grounds.
The coalition warned that such broad discretionary powers could create opportunities for corporate lobbying and regulatory capture.
Coalition Demands Transparency
The groups questioned the process through which the proposed amendment was developed and demanded the public disclosure of all versions of the bill, committee reports, public hearing records, stakeholder memoranda, voting records and related correspondence.
They also questioned whether the expanded version of the bill, including its new Third Schedule, had undergone adequate public consultation.
The coalition recalled that the merged draft of the amendment bills presented at the November 22, 2024 public hearing did not contain what it described as the contentious provisions now included in the proposed legislation.
It argued that a public hearing on an earlier version could not replace scrutiny of a substantially different bill.
Groups Call on Government to Reject Bill
The coalition urged the Federal Ministry of Health and Social Welfare to publicly clarify its position on the proposed amendment.
It said that if the ministry was bypassed during the process, it should demand the recall of the bill, while if it approved the text, it should explain how the provisions align with Nigeria’s public health interests and international obligations.
The groups also called on the Attorney-General of the Federation, national regulators and the National Tobacco Control Committee to state their positions on the proposed legislation.
Should the bill reach the Presidency, the coalition urged President Tinubu to withhold assent and return it with objections.
The groups maintained that all tobacco and nicotine products should be regulated under a strong, product-neutral framework, with advertising, promotion, sponsorship, retail displays, promotional sampling and remote sales prohibited.
They also called for independent product assessments, strong and consistent health warnings and clear, enforceable penalties.
The coalition urged health professionals, civil society organisations, the media, development partners and Nigerians to support efforts to protect the existing tobacco-control framework.
The statement was signed by the Nigeria Tobacco Control Alliance (NTCA), Corporate Accountability and Public Participation in Africa (CAPPA), Gatefield Impact, Youth Coalition Against Cancer, Nigerian Cancer Society, Call Off Cancer Initiative, Association of Resident Doctors, Abuja, A New Thing International Foundation, Oncology Nursing Society of Nigeria, Development Initiative for Society Health, Centre for Youth Inclusion and Development, Civil Society Legislative Advocacy Centre, and Trailblazers Initiative.
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