Nigerian Tobacco Control Community Rejects Amendment Bill, Demands Immediate Withdrawal

Nigerian Tobacco Control Community Rejects Amendment Bill, Demands Immediate Withdrawal
By Prince Benson Davies

A coalition of Nigerian public health and civil society organisations has rejected the National Tobacco Control Act Amendment Bill, 2025, describing it as a dangerous rollback of existing protections and a direct threat to the health of young Nigerians.

In a joint statement released on Thursday, the groups said the bill in its current form after passage by the National Assembly must not be allowed to proceed. They called on relevant committees of the National Assembly to withdraw the bill immediately and appealed to President Bola Ahmed Tinubu to withhold assent if it is forwarded for executive approval.

According to the coalition, the amendment bill fails to address existing regulatory gaps. Instead of strengthening oversight of new tobacco and nicotine products, it weakens core provisions of the 2015 National Tobacco Control Act and creates a more commercially permissive environment for electronic cigarettes, heated tobacco products, nicotine pouches and other non-combustible products.

The coalition noted that the 2015 Act was built on a clear principle that tobacco products are dangerous, addictive, and must be subjected to strict controls on advertising, promotion, sponsorship, display and sales. The amendment, the groups said, reverses that principle by granting newer nicotine products exemptions and freedoms that are denied to cigarettes.

One of the major concerns raised is a definitional contradiction within the bill. The bill defines non-combustible products to include heated tobacco products, but at the same time defines tobacco products to exclude all non-combustible products. The coalition argued that the legal effect of this is that a product containing tobacco would no longer be treated as a tobacco product simply because it is heated rather than burned. The groups stated that this position contradicts the World Health Organization Framework Convention on Tobacco Control, which classifies heated tobacco products as tobacco products that must be subjected to full control measures. They warned that if Nigeria passes such a law, it would set a dangerous precedent and undermine the country’s leadership on public health in Africa.

The coalition also condemned provisions in the bill that seek to reintroduce tobacco advertising, promotion and sponsorship. The bill proposes to allow advertising in publications where persons above 18 years constitute at least 50 percent of the readership, as well as point-of-sale promotions, online advertising and events deemed to be for adults. The groups described this threshold as unrealistic for Nigeria. Citing data from UNICEF, they noted that more than 60 percent of Nigerians are below 30 years, more than 70 percent are under 35, and 43 percent are 15 years or younger. They also referenced a Nigerian Communications Commission study which found that 93 percent of children aged 11 to 16 and 45 percent of children aged 4 to 10 access the internet with their own phones. Given this demographic reality, the coalition said the proposed definition would create a lawful pathway for tobacco and nicotine advertisements to reach minors through traditional and digital media.

On sales and distribution, the groups expressed concern that while the 2015 Act prohibits the sale of tobacco products through mail, internet and other remote channels, the amendment bill authorises online purchases, courier deliveries and remote sales of non-combustible products. It also permits product display behind retail counters and sampling of vaping products inside enclosed points of sale. The coalition argued that this creates a complete commercial chain that allows the industry to advertise online, display and sample products in shops, and deliver directly to consumers. They expressed doubt about the effectiveness of age verification mechanisms proposed in the bill, stating that such checks are easily bypassed and that Nigeria currently lacks the enforcement capacity to monitor every online transaction, advertisement and delivery.

The bill also weakens standards on packaging, warnings and penalties. The coalition noted that while the 2015 Act requires cigarettes to be sold in packs of at least 20 sticks, the amendment allows cigars to be sold in packs of five. They warned that smaller packs will make cigars more affordable and accessible. The bill further limits nicotine pouch warnings to text only and to no more than 10 percent of the front of the package, and exempts vaping and heated tobacco devices from carrying health warnings. The coalition also noted the deletion of key penalty provisions from the principal Act, which creates uncertainty around enforcement.

Beyond product regulation, the groups raised concerns about new provisions that grant manufacturers the right to classify product information as trade secrets and legally obligate the Minister of Health to keep such information confidential. They said this departs from the transparency requirement in the 2015 law and conflicts with the Freedom of Information Act. The bill also gives the Minister of Health broad powers to exempt non-combustible products from statutory rules on undefined public interest grounds, a provision the coalition said could lead to lobbying and regulatory capture.

The coalition rejected the introduction of tobacco harm reduction objectives into Nigerian law. They argued that describing some products as less harmful than cigarettes does not make them safe and should not attract any form of health endorsement. The groups questioned the process that led to the bill, asking which institutions reviewed the text and whether the expanded version with a new Third Schedule underwent proper public consultation. They recalled that the draft presented at the public hearing of November 22, 2024, did not contain the controversial clauses now in the bill.

The coalition called on the Federal Ministry of Health and Social Welfare to state its position. If the ministry was not involved, it should demand a recall. If it approved the bill, it should explain how the provisions align with Nigeria’s treaty obligations and public health goals. Similar calls were made to the Attorney General of the Federation, relevant regulators and the National Tobacco Control Committee.

The groups urged President Tinubu to reject the bill and return it to the National Assembly with objections. They maintained that all tobacco and nicotine products should be regulated under one strong and product-neutral framework. They called for the continued prohibition of advertising, promotion, sponsorship, retail display, sampling and remote sales. They also demanded independent product assessment, strong and consistent health warnings, and clear enforceable penalties.

The coalition further called on health professionals, civil society, the media, development partners and Nigerians to support efforts to protect the integrity of the National Tobacco Control Act. They concluded that protecting public health must remain a shared responsibility and that the law must continue to place the health and wellbeing of Nigerians above commercial interests.

SIGNATORIES
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
Trailblazers Initiative