NECA, SON, Health Ministry reject proposed NAFDAC bill over regulatory overlaps

The Nigeria Employers’ Consultative Association (NECA), the Standards Organisation of Nigeria (SON) and the Federal Ministry of Health and Social Welfare have opposed provisions of a proposed bill seeking to extend regulatory oversight to tobacco products, warning that it could create overlapping mandates, increase business costs and disrupt legitimate operations.

The stakeholders called for a review of the proposed Food, Medical Products and Related Products (Registration, Etc.) Bill, 2026, arguing that its provisions could conflict with existing laws and create uncertainty over the responsibilities of regulatory agencies.

NECA, in a formal submission to the Senate Committee on Health, urged the National Assembly to exclude tobacco products from the proposed legislation, which is sponsored by Senator Umar Sadiq Suleiman.

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 argued that extending the proposed framework to tobacco products would duplicate provisions of the National Tobacco Control Act, 2015, the National Tobacco Control Regulations, 2019, and the Standards Organisation of Nigeria Act, 2015.

According to the association, the proposed arrangement could create overlapping responsibilities among the National Agency for Food and Drug Administration and Control (NAFDAC), the Federal Ministry of Health and Social Welfare, SON and the Nigeria Customs Service.

It warned that multiple registration requirements, duplicative approvals and conflicting enforcement decisions could increase compliance costs, create regulatory uncertainty and undermine business confidence.

NECA maintained that tobacco products constitute a distinct regulatory category and should not be treated as food or medicines under the proposed legislation. It also questioned the basis for extending NAFDAC’s authority into an area it said was already governed by dedicated legislation.

The association expressed concern about provisions granting additional powers over product registration, suspension, seizure, factory operations and enforcement, warning that they could conflict with the statutory responsibilities of existing regulatory institutions.

It also raised concerns about a proposed ceiling-list mechanism, arguing that it could confer excessive administrative discretion on NAFDAC to restrict products without adequate safeguards and oversight.

NECA urged lawmakers to amend the bill to prevent unilateral regulatory decisions, clarify institutional responsibilities and strengthen coordination among agencies.

The Federal Ministry of Health and Social Welfare also expressed reservations about the proposed amendments during a public hearing on the bill.

ALSO READ: US commends NDLEA for dismantling Mexican-linked meth labs

Represented by Dr Adebisi Adegoke, Director of Hospital Services, the ministry warned that the proposed provisions could generate regulatory conflicts, duplication and overlapping mandates.

It recommended deferring consideration of the bill to allow further consultations with affected stakeholders and ensure alignment with the ministry’s existing regulatory framework.

SON similarly identified provisions it said could conflict with its establishing Act and interfere with its statutory responsibilities.

The standards agency supported the call for a deferment, arguing that a more comprehensive review was necessary to remove regulatory overlaps and unnecessary complexities. It also questioned whether sufficient consultations had been conducted before the proposed amendments were introduced.

Tobacco industry operators have also opposed the proposed additional regulatory layer, maintaining that tobacco manufacturing, importation, distribution, packaging, health warnings and product standards are already subject to statutory controls.

They warned that parallel approval and enforcement systems could expose compliant manufacturers and importers to conflicting directives, higher administrative costs and operational disruptions.

The operators said their position was not opposition to public-health regulation but concern that adding regulatory requirements without clearly established benefits could undermine regulatory effectiveness.

They further warned that unpredictable compliance obligations could discourage investment, constrain business expansion and weaken Nigeria’s efforts to improve its business environment.

Industry stakeholders also argued that unnecessary administrative burdens on compliant businesses could divert regulatory resources from more pressing enforcement challenges, including illicit trade and non-compliant operators.

NECA said effective regulation should be based on clearly defined institutional responsibilities, predictable compliance requirements, proportionate enforcement and coordination among relevant government agencies.

The association expressed its readiness to continue engaging the National Assembly and other stakeholders to achieve a legislative framework that protects public health while preserving regulatory certainty and business confidence.