…Employers' body urges National Assembly to exclude tobacco products from proposed legislation
The Nigeria Employers' Consultative
Association (NECA) has rejected provisions of the proposed Food, Medical
Products and Related Products (Registration, Etc.) Bill, 2026, which seek to
bring tobacco products under an additional regulatory framework, warning that
the legislation could create institutional conflicts, duplicate existing
regulations and undermine Nigeria's business environment.
In its formal submission to the Senate
Committee on Health, NECA cautioned that the proposed legislation, sponsored by
Senator Umar Sadiq Suleiman, could add unnecessary regulatory complexity to an
industry already governed by comprehensive laws and multiple regulatory
institutions.
The Bill, which passed second reading in the
Senate on July 21, 2026, seeks to repeal the Food, Drugs and Related Products
Act, 2004, and establish a new regulatory framework for food, medical and
related products.
However, NECA maintains that extending its provisions to tobacco products would conflict with the existing National Tobacco Control Act, 2015, National Tobacco Control Regulations, 2019, and the Standards Organisation of Nigeria Act, 2015.
The employers' association argued that the
proposed framework would create overlapping responsibilities among the National
Agency for Food and Drug Administration and Control (NAFDAC), the Federal
Ministry of Health and Social Welfare, the Standards Organisation of Nigeria
(SON), and the Nigeria Customs Service.
According to NECA, the consequences would
include multiple product registration requirements, duplicative approvals,
conflicting enforcement decisions, additional compliance costs, and uncertainty
for legitimate businesses.
The association maintained that tobacco
products constitute a distinct regulatory category and should not be treated as
food or medicines under the proposed legislation.
It further argued that NAFDAC's existing
statutory mandate does not expressly include tobacco products and that their
inclusion in the new Bill would effectively extend the agency's authority into
an area already governed by dedicated legislation.
NECA also raised concerns about provisions
granting additional powers over product registration, suspension, seizure,
factory operations and enforcement, warning that such powers could conflict
with existing institutional responsibilities.
Of particular concern is the proposed
ceiling-list mechanism, which NECA believes could give NAFDAC excessive
administrative discretion to restrict products without adequate statutory
safeguards and oversight.
The association consequently urged the
National Assembly to exclude tobacco products from the Bill's scope, introduce
appropriate safeguards against unilateral regulatory decisions, and strengthen
coordination among existing regulatory institutions.
NECA therefore called for legislative
amendments that would preserve these statutory responsibilities while
preventing duplication, regulatory uncertainty and unnecessary disruption to
legitimate businesses.
The employers' body stressed that a coherent regulatory
environment is essential not only for investment and economic growth but also
for effective public-health protection and regulatory compliance.
While calling for Legislative Review and
Regulatory Coordination, NECA urged lawmakers to ensure that the proposed
legislation complements, rather than contradicts, Nigeria's existing tobacco
control framework.
The Association emphasised that effective regulation
should be built on clearly defined institutional responsibilities, predictable
compliance requirements, proportional enforcement and coordination among
relevant government agencies.
NECA expressed its readiness to continue
engaging the National Assembly and relevant stakeholders to achieve a balanced
legislative outcome that protects public health while sustaining regulatory
certainty and business confidence.
The Federal Ministry of Health and Social
Welfare, NAFDAC's supervisory ministry, represented by Dr Adebisi Adegoke, mni,
Director, Hospital Services, at the public hearing, expressed strong
reservations about the proposed amendments. She highlighted the potential for
regulatory conflicts, duplication, and overlapping mandates that do not present
the government in a good light. The Ministry recommended deferring
consideration of the Bill to allow more consultation among affected
stakeholders and full alignment with the Ministry of Health and Social Welfare.
The Standards Organisation of Nigeria, SON,
aligned with the Health Ministry in its submission at the public hearing. It
noted that some provisions in the Bill conflicted with the SON Act and could
interfere with its established statutory responsibilities under the law
establishing SON. It aligned with the Ministry of Health in calling for
a deferment of the Bill for more holistic
work that removes undue complexities and overlaps, pointing out that it was
obvious that not enough engagement and consultation were done as part of the
process of proposing the Bill amendments.
Tobacco industry operators have similarly
expressed reservations about the proposed legislation, warning that adding
another regulatory layer could complicate compliance rather than improve
regulatory effectiveness.
Industry stakeholders during a recent public
hearing on the proposed bill maintained that tobacco manufacturing,
importation, distribution, packaging, health warnings, product standards and
related activities are already subject to extensive statutory controls.
They argue that creating parallel approval
and enforcement structures could expose legitimate manufacturers and importers
to conflicting directives, additional administrative costs, operational
disruptions and uncertainty over which regulator has final authority.
According to the industry's position, the
issue is not resistance to public-health regulation, but the danger of
regulatory multiplication without clearly demonstrated public-policy benefits.
The operators further contend that
unpredictable compliance requirements could undermine investment confidence,
discourage business expansion and complicate the Federal Government's efforts
to improve Nigeria's competitiveness and ease of doing business.
They also expressed concern that unnecessary
administrative burdens on compliant businesses could divert regulatory
attention and resources from more pressing enforcement challenges, including
illicit trade and non-compliant operators.
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