A coalition of public health advocates and civil society organisations in Nigeria has firmly rejected the National Tobacco Control Act (Amendment) Bill, 2025, describing it as a major threat to youth health and a severe reversal of the country’s anti-tobacco achievements.
In a joint statement issued on 6 August 2026, groups including the Nigeria Tobacco Control Alliance (NTCA), Corporate Accountability and Public Participation in Africa (CAPPA), and the Nigerian Cancer Society urged the National Assembly to withdraw the proposed legislation immediately. They also appealed to President Bola Ahmed Tinubu to refuse executive assent if the bill reaches his desk.
According to the coalition, the amendment dismantles key safeguards established in the National Tobacco Control Act 2015. Rather than tightening rules around novel products like e-cigarettes, heated tobacco devices, and nicotine pouches, the draft creates permissive loopholes that favour commercial industry interests.
Redefining Tobacco: Legal Contradictions and Global Standards
A primary objection raised by the health groups centres on contradictory product definitions within the draft text. The amendment defines non-combustible products to include heated tobacco items, yet explicitly excludes non-combustible products from the definition of "tobacco products."
Public health experts warn that this classification creates an alarming legal loophole. In effect, a product containing actual tobacco would no longer be treated as such simply because it is heated rather than burned.
This definition directly conflicts with the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), which mandates that heated tobacco products receive full regulatory oversight as tobacco products. Advocates caution that enacting this legislation would undermine Nigeria’s reputation as an African leader in public health governance.
Exposure Risks for Youth and Digital Loopholes
The coalition expressed strong concern regarding provisions that lift long-standing bans on tobacco advertising, promotion, and sponsorship (TAPS). The bill proposes allowing promotional material in "adult publications," defined as outlets where adults aged 18 and older represent at least 50% of the audience.
Advocates argue that this threshold leaves young people exposed to targeted marketing. Citing UNICEF statistics, the coalition noted that over 60% of Nigeria’s population is under 30 years old, with 43% aged 15 or younger. Furthermore, data from the Nigerian Communications Commission indicates that 93% of surveyed children aged 11 to 16 access the internet using personal mobile devices.
Beyond advertising, the amendment replaces existing bans on remote sales with rules that permit online ordering, courier deliveries, retail counter displays, and in-store sampling of vaping products. The coalition warned that online age-verification checks are easily bypassed by minors, opening unchecked distribution channels into homes, schools, and local communities.
Weakened Packaging, Trade Secrecy, and Executive Discretion
The public health groups highlighted several additional changes in the proposed text:
Packaging Standards: The amendment maintains a 20-stick minimum pack size for cigarettes but lowers the threshold for cigars to five, increasing product accessibility and affordability.
Health Warnings: Nicotine pouches are restricted to a text-only warning covering no more than 10% of the front display, while electronic devices are exempt from health warnings entirely.
Trade Secrecy Shields: Manufacturers are granted statutory rights to declare product information as "trade secrets," legally requiring the Ministry of Health to withhold critical chemical data from independent researchers and the public.
Executive Exemptions: Broad authority is granted to the Minister of Health to exempt non-combustible products from statutory rules under loosely defined "public interest" grounds.
Calls for Public Disclosure and Regulatory Accountability
The coalition noted that the controversial clauses were absent from the original draft presented during public hearings in November 2024. Consequently, the groups are demanding full public disclosure of all revised draft versions, committee reports, memoranda, and voting records to clarify how these additions were introduced.
The public health community maintains that all tobacco and nicotine products must remain governed by a unified, neutral framework that bars advertising, remote sales, and promotional displays, while ensuring robust graphic health warnings and enforceable penalties.
Frequently Asked Questions (FAQ)
What is the National Tobacco Control Act (Amendment) Bill, 2025?
It is proposed legislation in Nigeria intended to update the National Tobacco Control Act 2015. However, public health coalitions argue that the draft weakens existing protections and creates commercial advantages for non-combustible products like vapes and nicotine pouches.
Why are public health organisations opposing the bill?
Opponents state that the bill re-opens advertising channels, permits online sales and courier delivery of nicotine products, lowers packaging standards, and shields product safety data under trade secrecy rules, thereby increasing risks for children and young people.
Which organisations signed the joint press statement?
The statement was issued by 13 civil society and health bodies, including the Nigeria Tobacco Control Alliance (NTCA), Corporate Accountability and Public Participation in Africa (CAPPA), Gatefield Impact, the Nigerian Cancer Society, and the Association of Resident Doctors (Abuja).
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