By Soni Daniel
Employers’ body urges National Assembly to exclude tobacco products from legislation
The Nigeria Employers’ Consultative Association (NECA), the Standards Organisation of Nigeria (SON) and industry operators have rejected aspects of the proposed Food, Medical Products and Related Products (Registration, Etc.) Bill, 2026, warning that the legislation could create regulatory conflicts, duplicate existing laws and disrupt legitimate businesses.
NECA, in a formal submission to the Senate Committee on Health, urged the National Assembly to exclude tobacco products from the proposed legislation, arguing that the sector is already subject to a dedicated regulatory framework.
The Bill, sponsored by Senator Umar Sadiq Suleiman, passed second reading in the Senate on July 21, 2026. It 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 Bill’s provisions to tobacco products could conflict with the National Tobacco Control Act, 2015, the National Tobacco Control Regulations, 2019, and the Standards Organisation of Nigeria Act, 2015.
According to the employers’ association, the proposed framework 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 such overlaps could lead to multiple product-registration requirements, duplicated approvals, conflicting enforcement decisions, increased compliance costs and uncertainty for businesses.
NECA maintained that tobacco products constitute a distinct regulatory category and should not be treated as food or medicines under the proposed law.
It also argued that NAFDAC’s existing statutory mandate does not expressly cover tobacco products, adding that their inclusion in the Bill could extend the agency’s authority into an area already governed by dedicated legislation.
The association further raised concerns about provisions granting additional powers over product registration, suspension, seizure, factory operations and enforcement, warning that these could conflict with the responsibilities of existing regulatory institutions.
Of particular concern to NECA is the proposed ceiling-list mechanism, which it said could give NAFDAC excessive administrative discretion to restrict products without adequate statutory safeguards and oversight.
The association called on lawmakers to introduce safeguards against unilateral regulatory decisions, strengthen coordination among existing institutions and amend the Bill to prevent duplication, regulatory uncertainty and unnecessary disruption to businesses.
It stressed that a coherent regulatory environment was essential for investment, economic growth, effective public-health protection and compliance with the law.
NECA also urged lawmakers to ensure that the proposed legislation complemented, rather than contradicted, Nigeria’s existing tobacco-control framework.
The association said effective regulation should be based on clearly defined institutional responsibilities, predictable compliance requirements, proportionate enforcement and coordination among relevant government agencies.
It expressed readiness to engage further with the National Assembly and other stakeholders to achieve a legislative outcome that protects public health while sustaining regulatory certainty and business confidence.
Health Ministry, SON seek deferment
The Federal Ministry of Health and Social Welfare also expressed reservations about the proposed amendments at a public hearing on the Bill.
Represented by Dr Adebisi Adegoke, mni, Director of Hospital Services, the Ministry raised concerns about potential regulatory conflicts, duplication and overlapping mandates, which it said could undermine effective government administration.
It recommended deferring consideration of the Bill to allow further consultations among affected stakeholders and ensure alignment with the Ministry’s existing responsibilities.
SON similarly raised concerns that some provisions of the proposed legislation conflicted with the law establishing the organisation and could interfere with its statutory responsibilities.
The standards body backed the call for the Bill’s consideration to be deferred, arguing that a more comprehensive review was needed to remove unnecessary complexities and overlapping mandates.
It also expressed concern that the process leading to the proposed amendments had not involved sufficient engagement and consultation with affected institutions.
Industry operators warn of business disruption
Tobacco industry operators have also expressed reservations about the proposed legislation, warning that another layer of regulation could complicate compliance rather than improve regulatory effectiveness.
At a recent public hearing, industry stakeholders argued that tobacco manufacturing, importation, distribution, packaging, health warnings, product standards and related activities were already subject to extensive statutory controls.
They warned that parallel approval and enforcement structures could expose manufacturers and importers to conflicting directives, additional administrative costs, operational disruptions and uncertainty over which regulator has final authority.
The operators maintained that their concerns were not about resisting public-health regulation but about the risks of multiplying regulatory requirements without clearly demonstrated public-policy benefits.
They further argued that unpredictable compliance obligations could weaken investor confidence, discourage business expansion and complicate efforts by the Federal Government to improve Nigeria’s competitiveness and ease of doing business.
According to the industry position, unnecessary administrative burdens on compliant businesses could also divert regulatory attention and resources from more pressing enforcement challenges, including illicit trade and non-compliant operators.
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