Health groups reject Tobacco Control Act amendment bill

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…Warn proposed law could allow online sales of vapes, nicotine products

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By John Alechenu

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ABUJA — The Nigeria Tobacco Control Community, a coalition of more than 100 civil society organisations and health advocates, has rejected the National Tobacco Control Act (Amendment) Bill 2025, warning that the proposed legislation could weaken existing safeguards against tobacco and nicotine products.

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The coalition, at a press briefing in Abuja on Monday, urged the National Assembly to recall the bill for a comprehensive and transparent public health review.

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Executive Director, Corporate Accountability and Public Participation Africa (CAPPA), Akinbode Oluwafemi, described the proposed amendments as a “sham”, arguing that they could create loopholes for tobacco and nicotine companies to expand their activities in Nigeria.

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The bill seeks to amend the National Tobacco Control Act 2015 and its 2019 Regulations.

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While acknowledging the need to update the existing law, the coalition faulted several provisions of the proposed amendment, particularly those relating to non-combustible tobacco and nicotine products, including vapes, heated tobacco products and nicotine pouches.

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The coalition said Clause 1(n), which introduces “tobacco harm reduction objectives”, could be used to promote newer nicotine products under the guise of reducing harm.

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It argued that products marketed as less harmful were not necessarily safe, particularly for young people.

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The groups also faulted Clause 16, which excludes non-combustible products from the definition of tobacco products.

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“Heated tobacco products contain real tobacco. Heating it instead of burning it does not remove its toxicity,” the coalition said, adding that such products should be regulated as tobacco products.

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The coalition further expressed concern over Clause 7, which would permit advertising of non-combustible products in “adult publications”, at points of sale, online and through event sponsorship.

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It said the bill’s definition of an adult publication as one with at least 50 per cent adult readership could expose children to tobacco advertising.

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The groups also opposed Clause 9, which they said would remove the ban on internet and mail-order sales of non-combustible products where age verification measures were in place.

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According to the coalition, such measures could be bypassed, allowing adults to purchase products on behalf of minors.

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The proposed changes to health warnings also came under criticism, with the coalition alleging that Clause 12 would reduce warnings for vapes to text covering not more than 30 per cent of the packaging, while nicotine pouches would carry warnings covering 10 per cent.

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It further claimed that e-cigarette devices would be exempted from the requirement.

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The coalition also faulted Clause 10 for deleting specific penalties for selling tobacco products to minors and violating packaging requirements.

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It expressed concern over the Third Schedule, which it said would allow manufacturers to produce their own safety data while requiring the Minister of Health to keep the information confidential.

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The groups also opposed Paragraph 21, which they said gives the Minister of Health powers to exempt products “in the public interest” without clearly defined criteria.

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The coalition alleged that the provisions were not contained in the original HB 47 and HB 1151 presented at a public hearing on November 22, 2024.

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“Who introduced these provisions? Which public-health institutions reviewed them? The public has been completely excluded,” it asked.

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The groups acknowledged some provisions they considered positive, including the extension of smoke-free zones to 30 metres around schools and hospitals, as well as the proposed inclusion of the Police and Ministry of Youth in the Tobacco Control Committee.

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However, they said the provisions could not justify what they described as the more problematic amendments.

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The coalition demanded that the National Assembly recall the bill for a public health-led review and publish all relevant reports and submissions.

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It also called on the Federal Ministry of Health to clarify its position on the bill and demand its recall if it was not adequately consulted.

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The coalition further urged President Bola Tinubu to withhold assent if the bill is transmitted to him in its current form.

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Also speaking, the in-country coordinator, Campaign for Tobacco-Free Kids, Michael Olaniyan, said the concept of harm reduction should not be used to weaken tobacco control measures.

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“Harm reduction is not harm elimination. What we want is to eliminate, not reduce,” Olaniyan said.

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The coalition called for a single, product-neutral tobacco control law covering all tobacco and nicotine products, insisting that advertising, sponsorship, sampling and online sales should remain prohibited.

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It urged Nigerians, particularly parents, health workers, young people and the media, to speak out against what it described as attempts to weaken public health protections.

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