Advocacy groups under the auspices of the Nigeria Tobacco Control Alliance (NTCA) have faulted the proposed amendments to the National Tobacco Control Act (NTCA) 2015 over failure to address existing regulatory gaps.
The groups said the proposed amendments failed to uphold the protection of public health, strengthen regulatory oversight, or decisively close the loopholes that allow the tobacco industry to continuously exploit Nigeria’s vulnerable populations.
BusinessDay recalls that last week, the House of Representatives held a public hearing to discuss two proposed Bills aimed at amending NTCA 2015, titled House Bill (HB) 47 and HB 1151.
HB 47 aims to cure certain defects in the principal act to effect its effective implementation, as well as the lacunas that may be exploited by the tobacco industry in Nigeria, while HB 1151 seeks to impose stiffer penalties for violations of smoking regulations.
The groups, in a statement delivered by Zikora Ibeh, senior policy and research manager at Corporate Accountability and Public Participation Africa (CAPPA), during a press conference in Abuja on Wednesday, worried that HB 1151 suffered a fundamental flaw as it misinterpreted the title of the principal act — NTCA 2015, which it rather described as ‘National Tobacco Smoking (Control) Act 2015, an Act that “does not exist.”
They noted that new products like vapes, e-cigarettes, and nicotine pouches, among others, remained unregulated, demanding that Section 12 of HB 47 which addresses tobacco advertising, promotion and sponsorship bans, or any future amendment Bill should explicitly name and include these new products under such restrictions to close the regulatory loophole.
The groups expressed concern over the interaction between government actors and the tobacco industry, against Section 18 of the NTCA 2015 which prohibits the industry from influencing public health policies, forming partnerships with public institutions, or engaging in youth initiatives.
“We urge the Nigerian government and public health authorities to rigorously enforce Section 18 of the National Tobacco Control Act, ensuring that all interactions with the tobacco industry are transparent and strictly regulatory.”
They also emphasised the need to strengthen the role of the Federal Ministry of Health and Social Welfare (FMOHSW) to lead tobacco control efforts and oversight, adding that: “Any attempt to relocate or shift the implementation of the tobacco control law to another agency would introduce inefficiencies, create loopholes, and open the door to exploitation, potentially undermining the core purpose of the Act.”
“The proposed 30-meter restriction in Section 9 of HB 47, which addresses no-smoking zones around schools, daycare centres, and parks, is insufficient to protect vulnerable populations, particularly children. This proposal falls short of the 2018 Senate resolution, which mandates a 100-meter buffer around schools.
“To harmonise with existing national standards, we recommend expanding the restriction to at least 100 meters. This measure will ensure greater protection from secondhand smoke exposure and prevent the industry from exploiting differences in distance regulations,” the advocacy groups added.
They groups however applauded the proposed amendment of HB 47 which seeks robust funding for tobacco control initiatives, urging the government to adopt the polluter-pays principle by allocating 40 percent of all taxes, Ievies, and excise duties to the Tobacco Control Fund (TCF).
The tobacco control alliance demanded the reintroduction of the ban on single-stick Sales, explaining that the proposed amendment contained in Section 16 of HB 47 increases affordability and access to tobacco products by minors and low-income individuals, thereby undermining public health goals.
“In particular, the proposed deletion of Subsection (2) (b) eliminates specific penalties for key infractions, including the sale of tobacco to minors, pack sales, and internet sales. Single-stick sales make tobacco products more affordable and accessible, particularly to minors and low-income individuals, undermining public health goals. We ask that this subsection be reinstated.”
Furthermore, the alliance called for strict regulations of digital marketing of Tobacco and emerging products and penalties for social media platforms and third-party vendors facilitating such promotions. This, they said, would stem the influence of such promotions on minors who use digital media.
They also kicked against the proposed merger of the chairperson and secretary roles for the National Tobacco Control Committee (NATOCC), noting that such merger would deny the committee technical expertise and effective oversight.
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