Tobacco regulation … protecting jobs, economy

Certain indulgences, like smoking, are bad, still people indulge in them. In spite of the later consequences, the indulgees find immediate pleasure in them. Any adult (18+) who indulges, for instance in smoking, has the right to do so, so far his smoking does not infringe on the right of another.

At the public hearing recently on Tobacco Bill at both lower and upper House of National Assembly, one group argued for stringent policy against tobacco products in Nigeria because of its consequences. The consequences include death from cancer.  Another group was quick to point out the dangers of big hammer on the industry or banning tobacco. They argue that black market of the product will thrive and when this happens, there will be job losses in the tobacco industries in Nigeria and the economy will lose in terms of foreign exchange. Again, fake products will flood the market.

The two groups, however were in favour of regulation but differ on the degree of regulation.  While one group prefers hard measures to discourage smoking, the other group believes that any harsh or severe law will stifle the tobacco industry, compound unemployment and adversely affect the economy.

In its argument, Initiative for Public Policy Analysis, said regulation is a global issue but advised that legislative and regulatory approach should be sensitive to national growth. For instance, it argued against the provision in the bill that seeks to ban CSR by tobacco industry.

“This provision, in our view is completely strange and not well thought through. It is strange that a country that is struggling with poverty and hunger and dearth of infrastructure can try to pass a law that says companies cannot give back to communities”

Canvassing for business friendly legislation, NACCIMA seeks for amendment to a section which says “Every packet and package of tobacco for export from Nigeria shall bear the statement ‘Manufactured in Nigeria for export only’. NACCIMA which is in favour of advertisement and promotion of tobacco products believes that this provision should be deleted as it has potential to create problem for businesses exporting from Nigeria.

Relying on statistics, Environment Rights Action/Friends of the Earth Nigeria which is in favour of stringent tobacco control said tobacco kills about 6 million people globally annually and if current trend continues that figure will climb to 10 million. It said “Tobacco is the only legally available product which kills more than half of its users when consumed”

According to the body, the cost of tobacco smoking to the Nigerian economy in terms of losses to medical treatment and low productivity is at $591 million annually. The body is seeking for higher taxes and price measures to reduce tobacco consumption and ban to tobacco advertising and promotion.

For Consumer Protection Council of Nigeria, CPC, promotion of tobacco products is not healthy for the society. It however said the law should not prohibit partnership between government and the tobacco industry.

Some other bodies including CPC endorsed the provision for designated smoking areas to protect non-smokers.

In its view, British American Tobacco Nigeria (BATN) advocated for  better and balanced regulation of the tobacco industry, for the benefit of all stakeholders.

This can only be achieved if the bill on regulating the tobacco industry takes into consideration the views of all stakeholders with the ultimate aim of drafting a bill that is effective and workable said Freddy Messanvi, Director, Corporate and Regulatory Affairs, BAT West Africa.

Messanvi said that a balanced tobacco legislation will drive the attainment of the aims and objectives of the bill. “Drafting a bill that will not make matters worse but will be workable, based on fact and evidence whilst achieving the aims for which it was set should be the focus as these bills are now being considered” said Messanvi, adding that “a legitimate tobacco industry that is well regulated has more benefits than one that is left in the hands of smugglers who are faceless and who have little or no stake in the country.”

An overly stringent legislation that hamstrings legitimate producers from operating in the country will only lead to opening up the country to illegal trading of tobacco in the country such as it is happening in other countries.  Such a scenario, said Messanvi, has dire consequences as the quality of tobacco products will be compromised and there will be a fall in government revenue and increase in the rate of smuggling with public health objectives not achieved.

In his statement the Senate house committee chairman on health, Ifeanyi Kowa said that the tobacco bill which is presently receiving inputs from stakeholders is not targeted at stifling the tobacco industry in Nigeria.

He said the national assembly responsibility is to regulate the smoking practice because of its devastating effect.

Declaring the public hearing open, Senate President David Mark said that the role of Nigerian customs, judicial system and relevant health agencies is critical for effective implementation of tobacco regulation act when enacted in to law.

Daniel Obi