CAPPA, NTCA want FG, lawmakers to close regulation gaps in tobacco control law

By Mashe Umaru Gwamna 

Corporate Accountability and Public Participation Africa (CAPPA) and the National Tobacco Control Africa (NTCA) has called on the federal government and lawmakers to close gaps in the National Tobacco Control Act, 2015.

They maintained that any such review must uphold the protection of public health, strengthen regulatory oversight, and decisively close the loopholes that allow the tobacco industry to continue exploiting vulnerable populations in Nigeria.

“As some of us may know, a public hearing was held last week at the House of Representatives to discuss two proposed Bills aimed at amending the National

Tobacco Control Act (NTCA) 2015, titled House Bill (HB) 47 and HB 1151.”

The Senior Programme Manager, Policy Research of CAPPA, Zikora Ibeh, while briefing newsmen in  Abuja Wednesday, said while these Bills represent an opportunity to strengthen tobacco control in Nigeria, they also reveal gaps that must be addressed to ensure that their proposed amendments align with what ought to be the ultimate goal, which is safeguarding the well-being of all Nigerians over the profit-driven interests of the tobacco industry.

“HB 1151, which seeks to impose stiffer penalties for violations of smoking regulations, suffers from a fundamental flaw in misrepresenting the title of the Principal Act and the referenced Sections for amendments. By attempting to amend a “National Tobacco Smoking (Control) Act 2015”-a law that does not exist-it raises concerns about the legislative intent and procedural soundness. We have strongly recommended that this Bill be withdrawn.

“Regarding HB 47, which aims to cure certain defects in the NTCA 2015, ensure its effective implementation, as well as address the lacuna that may exploited by the tobacco industry in Nigeria, we have commended its intent but highlighted some gaps and areas that require strengthening. Our recommendations and demands include:

“1. Strengthen the Law and Regulation to Cover New and Emerging Tobacco Products: Emerging products such as vapes, e-cigarettes, nicotine pouches, heat-not-burn devices, and smokeless tobacco remain largely unregulated under the NTCA 2015. These products, which have rapidly gained traction, are aggressively marketed to youth and often falsely advertised as “safer alternatives.”

“We strongly recommend that HB 47’s proposed amendment in Section 12, which addresses tobacco advertising, promotion, and sponsorship bans, or any future amendment Bill, explicitly name and include new and emerging products under such restrictions to effectively close this regulatory loophole.

“Additionally, we advocate for mandatory inclusion of new health promotion leaflets within cigarette packs, tobacco pouches, and other related packaging. These inserts, beyond the existing front-of-pack labelling, should provide clear and actionable information to promote the cessation of tobacco use, vaping, or any other form of nicotine consumption.

2. Extend No-Smoking Zones to 100 Meters: The proposed 30-meter restriction in Section 9 of HB 47, which addresses no-smoking zones around eepbe schools, daycare centres, and parks, is insufficient to protect vulnerable letnis populations, particularly children. This proposal falls short of the 2018 Senate notsu 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.

3. Reintroduce Prohibition on Single-Stick Sales: The proposed amendments to Section 16 of HB 47 significantly weaken its enforcement provisions, creating critical gaps in the regulatory framework. These proposed changes remove provisions related to single-stick sales, a key driver of youth smoking and accessibility. 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.

4. Preserve the Governance Structure of the National Tobacco Control Committee (NATOCC): The proposed merger of the Chairperson and Secretary roles in Section 2 of HB 47 centralises power, disrupts operational efficiency and undermines the checks and balances essential for effective governance. We strongly recommend maintaining the separation of these roles, with the Secretary appointed from either the Tobacco Control Unit or the Non-

Communicable Diseases (NCDs) Control Programme within the Federal Ministry of Health and Social Welfare (FMOHSW). This will ensure that the Committee benefits from technical expertise and effective oversight while also strengthening the integration of the FMOHSW in public health decision-making processes.