Nigerian CSOs Reject Tobacco Control Act Amendment Bill
A coalition of over 80 Nigerian civil society organizations has rejected a bill amending the National Tobacco Control Act 2015. This joint declaration, issued in response to legislative advancements, warns that the amendment dismantles protections against e-cigarettes and nicotine products, exposing Nigerian youth to health risks.
The coalition has called on legislative committees to withdraw the bill immediately. They have also urged President Bola Ahmed Tinubu to withhold executive assent if the text reaches his desk, arguing the bill serves tobacco industry interests over public health.
Dismantling the 2015 Public Health Protections
The National Tobacco Control Act 2015 established strict limits on the advertising, promotion, sponsorship, and distribution of addictive substances. The proposed 2025 amendment bill reverses these principles by creating a weaker regulatory environment for newer nicotine devices, including e-cigarettes, heated tobacco products (HTPs), and nicotine pouches.
A central point of contention is how the bill classifies heated tobacco. The draft defines non-combustible products to include HTPs, but then excludes all non-combustible products from the definition of “tobacco products.” Under this logic, a product containing actual tobacco would escape tobacco-control laws simply because it is heated rather than burned. This classification directly contradicts the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), which requires HTPs to be regulated as tobacco products.
The table below compares the protective measures of the 2015 Act against the changes proposed in the 2025 amendment bill:
| Regulatory Area | National Tobacco Control Act 2015 | Proposed 2025 Amendment Bill |
|---|---|---|
| Heated Tobacco (HTPs) | Regulated strictly under full tobacco-control measures. | Excluded from the definition of tobacco products. |
| Online & Remote Sales | Strictly prohibited via mail, internet, and digital channels. | Allowed for non-combustible products, including courier delivery. |
| Advertising & Promotion | Comprehensive ban on tobacco advertising and sponsorship. | Allowed in “adult publications” and at designated adult events. |
| Ingredient Disclosure | Mandatory public reporting of product ingredients. | Allows companies to hide ingredients as “trade secrets.” |
| Packaging Standards | Smoked tobacco must be sold in packs of at least 20 units. | Allows cigars to be sold in smaller, cheaper packs of five. |
Opening Marketing Channels to Nigeria’s Youth
The amendment introduces provisions that allow tobacco advertising, promotion, and sponsorship through “adult publications,” point-of-sale displays, and online platforms. The bill defines an “adult publication” as one where 50% of the readership is over 18. This threshold means half of the readers of these advertisements could legally be minors.
This definition ignores Nigeria’s demographic reality. According to UNICEF, over 60% of the Nigerian population is under 30, and 43% is aged 15 or younger. Furthermore, data from the Nigerian Communications Commission shows that 93% of surveyed children aged 11 to 16 access the internet via their own mobile phones. Allowing digital and print advertising under these loose definitions creates a direct pipeline to youth consumers.
The bill also permits home delivery of vaping products via couriers and allows product sampling inside retail shops. The coalition argues that age-verification pop-ups and digital checks are easily bypassed by minors, and that Nigeria lacks the regulatory enforcement infrastructure to monitor millions of online transactions and home deliveries.
Weakened Warnings and Corporate Secrecy
Beyond marketing, the amendment weakens packaging and warning standards. While the 2015 Act requires smoked tobacco products to be sold in packages of at least 20 units to prevent cheap single-unit sales to youth, the amendment allows cigars to be sold in packs of five. Additionally, nicotine pouches would only require a text-only warning covering 10% of the front packaging, and vaping devices themselves would be exempt from health warnings.
The bill also introduces legal protections for manufacturers by allowing them to classify product ingredients as “trade secrets.” This provision legally obligates the Minister of Health to keep these disclosures hidden from independent public health researchers, violating the spirit of the Freedom of Information Act. Furthermore, the bill gives the Minister broad authority to exempt non-combustible products from statutory rules under undefined “public interest” grounds, raising concerns about corporate lobbying.
The coalition has demanded full public disclosure of all versions of the bill, committee reports, and public hearing records. They urge the Federal Ministry of Health and Social Welfare to clarify its position and protect the integrity of Nigeria’s public health laws.
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