TOBACCO CONTROL IN NIGERIA: A CRITICAL ANALYSIS OF POLICIES AND THEIR EFFECTIVENESS

By: Adie Christopher Bekeh.

Tobacco has been recorded as the leading risk factor for the 4 largest non-communicable diseases—Cancer, Heart Disease, Respiratory disorders and Diabetes. Despite the myriad of data exposing the dangers of tobacco misuse, about 15,926 people still die from smoking in Nigeria each year and as at 2022 the recorded number of Adult Smokers ranked 3,851,140 with men leading the charts (according to The Tobacco Atlas). Tobacco use continues to be an epidemic in Nigeria, particularly among youths. This calls into question reasons why there has been no outright embargo on the production and distribution of tobacco products, seeing as the extant Control Regulations have not effectively enervated the impact of tobacco Abuse in our society.

This analysis explores the extant Tobacco Control Regulations in Nigeria; with particular reference to restrictions on advertising, warning labels, restrictions on sale and smoking in public places, and their effectiveness in protecting public health.

TOBACCO CONTROL IN NIGERIA

Owing to the adverse health effects of tobacco consumption, particularly cigarettes, campaigns for effective control policies continue to garner a lot of support from civil societies, legal practitioners and public health advocates.

In response to the global tobacco pandemic, the World Health Organisation (WHO) came up with a Framework Convention on Tobacco Control (FCTC), which was adopted in 2003 and entered into force in 2005. This framework aimed to ensure the regulation of production, labelling, advertising, distribution and consumption of tobacco products across state parties. This framework was domesticated in Nigeria in 2015 under the National Tobacco Control Act (hereinafter NTCA), which established the principles of tobacco control, and its Regulations, which described the steps involved in putting the NTCA into effect in 2019. The National Tobacco Control Regulation is a Delegated legislation enacted pursuant to powers conferred on the Minister of Health by the National Tobacco Control Act, 2015 (the "Enabling Act") with the approval of the National Assembly.

The key Objectives of these policies were to prohibit public smoking, invoke a ban on all forms of direct and indirect advertising, establish a national tobacco committee, ensure warning labels on cigarette products, prohibit sales of cigarettes to persons under the age of 18, etcetera.

This paper will critically appraise those salient and notable provisions of the Act that pertain to:

1. Regulations on smoking
2. Regulations on advertising
3. Warning labels, and
4. Regulations on Sales of Tobacco

REGULATIONS ON SMOKING:

To begin with, one strategy employed under the act to curb tobacco consumption is the regulation of smoking. In Nigeria, there are extant policies in place to prevent smoking in public places, particularly due to the dangers of secondhand smoking on the health of others.

Secondhand smoking, also known as passive smoking, is the involuntary inhalation of tobacco smoke by people near someone who is actively smoking. According to the American Cancer Society (2024), secondhand smoke contains 7,000 chemicals, hundreds of which are toxic, and prolonged exposure can lead to serious health consequences such as cancer and death in infants. It has been adjudged by the WHO in a report compiled in 2023, as the cause of serious cardiovascular and respiratory diseases, including coronary heart disease and lung cancer, and kills around 1.3 million people prematurely every year.

In light of the foregoing, Section 9 NTCA prohibits the smoking of all forms of tobacco products in residential houses occupied by people under the age of 18, in any mode of public transportation, including tricycles, vehicles, and aircraft, in public places prescribed by the minister, and in public places where smoking is prohibited by the owner, occupants, and controller of the premises.

Section 9(3) NTCA, requires an owner or occupant to provide a smoking area of no more than 10% of the premises, with adequate ventilation and sophisticated ventilation equipment.

The following subsection prohibits smoking within 5 metres of any doorway, operable window, or air intake mechanism in any public place or workplace, as well as any working area or queue, including public transport. It also prohibits smoking on the premises of any childcare facility or education facility at any level of instruction, healthcare facilities, playgrounds, amusement parks, plazas, public parks, stadiums, restaurants, and any other public or workplaces as may be prohibited by the Minister of Health's regulation, which shall be published in a gazette.

Where the above requirements are not met with the Act, Section 11, NTCA imposes a fine of 50,000 naira and (or) an imprisonment term of 6 months.

REGULATIONS ON ADVERTISING:

Another strategy employed under the Act to control Tobacco manufacturing and distribution in the country is the prohibition of advertisement, promotion and sponsorship of tobacco and tobacco products which is evinced in section 12 of the Act.

Section 12 unequivocally states that:

(1) Except otherwise provided in this Act, no person shall-

(a) promote or advertise tobacco or tobacco products in any form;

(b) sponsor or participate in any programme or event which is aimed at wholly or partially promoting or advertising tobacco or tobacco products; or

(c) engage or participate in any tobacco advertising, promotion, or sponsorship as a media or event organizer, celebrity or other participant, as a recipient of any sponsorship contribution, or as an intermediary that facilitates any such contribution.

The effect and purpose of Section 12(1)(c) is to dissuade sponsored posts and paid media advertisements that promote the use of cigarettes and other tobacco products. It also prohibits media and event organizers, celebrities, and other participants from advertising and promoting the aforementioned products, either as recipients or facilitators of sponsorship.

However, Section 12(2) creates an exception by permitting advertisement and promotion between Manufacturers and retailers, Manufacturers or retailers and individuals above the age of 18 (consenting adults) and between Tobacco manufacturers, distributors, sellers and Tobacco plant farmers. This goes without saying that no transaction between the aforementioned group of persons shall be considered illegal under the contemplation of the Act.

Additionally, the Act prohibits all forms, media and means of Tobacco advertising, promotion, and sponsorship as delineated under the First Schedule of the Act; these means include but are not limited to:

• Direct or indirect tobacco advertising in print, broadcast, or digital media.
• Distribution of branded promotional items (e.g., t-shirts, hats).
• Sponsorship of events, concerts, or programs where tobacco brands are promoted.
• Product placement in movies, TV shows, or other entertainment.
• Discounts, free samples, or promotional sales to attract consumers.
• Use of brand names, logos, or symbols in non-tobacco products or services.

In the same vein, Section 12(4) exempts certain items from being classified as advertising, provided they meet specified conditions under the Act, some of these conditions include;

• A plain black-and-white only price list made available where tobacco products are legally sold, provided the list contains nothing more than the tobacco product brand name, package
• The depictions of tobacco in media for historical, journalistic, or educational purposes, with no payment by tobacco entities.
• The depiction of Tobacco for Political, social, or scientific commentary on tobacco, as long as it is independent of tobacco industry influence.
• The display of tobacco products, for reporting on socially responsible practices by tobacco companies, provided these reports are necessary for corporate purposes.
• Information shared exclusively within the tobacco trade, accessible only to those directly involved in trading decisions.
• Manufacturer newsletters limited to internal distribution among employees, contractors, and business partners.

Consequently, The Minister of Health may issue warnings, restrictions, or conditions on items allowed under the foregoing subsection, through a regulatory oversight created by Section 12(5).

In view of these provisions, Section 15(6) of the National Tobacco Regulation (2019) imposes a mandatory requirement on anybody using tobacco products in works of art and other entertainment materials to ensure to display boldly the warning as provided under the regulation, the section provides thusly;

Pursuant to section 12(5) of the Act, any display or depiction of tobacco and tobacco use in a work of art, video, music, literature or any other means, that falls within the exceptions in Section 12(4) of the Act, such display, depiction or work of art must in the same scene or page, display in bold easy to read form the warning: "TOBACCO USE CAUSES FATAL LUNG CANCER AND OTHER DANGEROUS EFFECTS ON THE HEALTH OF USERS AND THOSE CLOSE TO THEM.”

WARNING LABELS POLICY:

Warning labels are an explicit message displayed on tobacco packaging to inform consumers about the health risks associated with tobacco use. It is a policy aimed at reducing tobacco consumption and its associated harms by educating the public and encouraging cessation. Section 38 NTCA saddles government ministries and civil society with the duty of campaigning against and promoting the education of the public on the “mortal threat” posed by tobacco and tobacco products. It is an administrative strategy imposed on tobacco manufacturing companies to ensure they display a warning sign on their products informing consumers of the potential health risks posed by the continuous use of tobacco products.

Although this provision is provided by the NTCA, the NTCR (2019) outlines the steps to guarantee that the information is visible with graphics and understandable, even to the illiterate.

This position is set forth under Section 20 of the National Tobacco Control Act, 2015. The section emphasizes that all tobacco product packaging must display clear health warnings and messages to inform consumers of the risks associated with tobacco use. Accordingly, Section 3 of the National Tobacco Control Regulation (2019), requires these warnings to be visible on the packaging and follow the guidelines, which include text and images. For Example, phrases like “THE FEDERAL MINISTRY OF HEALTH WARNS THAT SMOKERS ARE LIABLE TO DIE YOUNG.” emblazoned on Cigarette packs comply with this statutory position. It should be noted that the warning must be in English per Section 20(2) NTCA.

In view of these provisions the court held in a case brought against the Consumer Protection Council (CPC) in 2013 by Creation Commercial Ventures Ltd (distributor of Superkings cigarettes for Imperial Tobacco) for the seizure of over 3,000 cartons of Superkings cigarettes, over claims that the products were not in compliance with Nigeria’s Tobacco Control laws— that requires that the text health warnings on cigarettes occupy 30% of the lower part of each panel of the packets of cigarettes. In dismissing the claim of illegal seizure, the Federal High Court, per Justice Evoh Stephen Chukwu held that; the right to property was not absolute, affirming that the Superkings cigarettes were not in conformity with the laws and regulations of Nigeria.

The court also upheld the powers of the Council to confiscate or impound cigarettes or any company product considered to be harmful or can constitute health hazard to the unsuspecting Nigerian public.

REGULATIONS ON SALE:

The government also regulates the sales of Tobacco products as one of the steps to plummet the use of Tobacco in Nigeria. The regulations guiding the sale of tobacco products are encapsulated in Section 15 NTCA.

Section 15(1) reads thus; "A person shall not sell tobacco or tobacco products to a person who is below 18 years of age or employs or uses a person who is below 18 years of age to sell or trade in tobacco or tobacco products."

It further provides that before any tobacco or tobacco product sale or trade, the seller or trader shall verify the age of the purchaser by checking any form of official identification prescribed by law. In essence, the Act prohibits the sale of tobacco and tobacco products to minors, and the following subsection requires the seller to verify that the purchaser is at least 18 years old before making any sale. More so, the sale of tobacco products online, as well as individual cigarettes, small cigarette packets and vending machines, are prohibited by law. In addition to these, Section 20(7) of the National Tobacco Control Act stipulates that any tobacco product packaging failing to meet the prescribed requirements shall be subject to confiscation and forfeiture.

THE ROLE OF THE FEDERAL COMPETITION AND CONSUMER PROTECTION COMMISSION (FCCPC) IN TOBACCO REGULATION IN NIGERIA.

The Federal Competition and Consumer Protection Commission (hereinafter referred to as FCCPC) is the foremost consumer protection and competition regulation agency in Nigeria established under the auspices of the Federal Competition and Consumer Protection Act (FCCPA) 2018. The FCCPC was established to among other things enforce consumer protection regulations and sometimes in collaborative effort with other regulatory agencies.

The FCCPA also established under Section 39 a tribunal known as the Competition and Consumer Protection Tribunal to adjudicate over conducts prohibited under the Act and exercise jurisdiction, power and authority conferred on it under the Act or any other enactment. This goes without saying that the tribunal as created under this statute assumes a quasi judicial role and ipso facto, matters agreed on in the tribunal shall be binding on parties and decisions of the Tribunal are required to be registered at the Federal High Court for enforcement purposes—this provision is in line with Section 54 of the Act.

The FCCPC, in exercise of its duty under the Act, play very salient roles that involve the enforcement of consumer protection against tobacco producers and distributors, sometimes in alliance with other regulatory agencies like the National Drug Law Enforcement Agency (NDLEA.) They also ensure regulatory compliance, by monitoring market practices, raising awareness, advocating for policy reforms, investigating regulatory infractions and penalising erring companies in Nigeria.

A significant illustration of the FCCPC’s enforcement capacity occured in its investigation into alleged violations of the FCCPA and other relevant Tobacco Control Laws and directives, commenced in 2020 following a failed attempt by the British American Tobacco (Nigeria) Ltd (BATN) and Affiliated Companies to secure a court order prohibiting the commission from investigating complaints and credible intelligence of Consumer Protection breach. The commission commenced investigations on August 8, 2020 after obtaining an Order and Warrant from the Federal High Court. Pursuant to the provisions of the order and warrant the agency searched and seized various materials, electronic communication and data, from which they gathered all the necessary information and evidence that led to the conclusion that the BATN and its allied companies were in breach of the FCCPA and other enactments. In view of the findings of the FCCPC the BAT parties were in the “consent order” orders to pay the sum of One Hundred and Ten Million Dollars among other orders to the government.

FUNCTIONS AND POWERS OF THE COMMISSION AS IT PERTAINS TO TOBACCO REGULATION.

To gain a better understanding of the legal foundation which forms the basis for the commission’s actions on tobacco control, it is important to take a look at the relevant provisions of the FCCPA—particularly Sections 17 and 18, which outlines the functions and powers of the commission, respectively.

To begin with, Section 17 of the FCCPA highlights the general functions of the commission. These include the role of administering and enforcing the provisions of the Act and other enactments with respect to consumer protection (see S. 17(1)(a), FCCPA). Furthermore, Section 17(1)(e) provides that the commission shall “carry out investigations or inquiries considered necessary or desirable in connection with any matter falling within the purview of this Act.”

Notably, Section 17(1)(l) expressly tasks the commission to “protect and promote” consumers’ interest. Additionally, Section 17(1)(h) empowers the commission to resolve issues and complaints, issue directives and apply sanctions where necessary, among other functions. Likewise, Section 18(1)(e)(ii) FCCPA re-echoed the commission’s regulatory power by authorizing it to; compel manufacturers, suppliers, dealers, importers, wholesalers, retailers, or other undertaking where appropriate, to “give public notice of any health hazards associated with their goods or services.”

Hence, the cumulative effect of the above provisions cloak the commission with the powers and functions of enforcement, investigation and imposition of sanction on persons in breach of consumers rights, which was clearly demonstrated in the BATN’s case supra.

CONCLUSION:

Despite the laid down policies and regulations on the consumption, manufacturing, labelling, advertising, promotion and sale of tobacco and tobacco products in Nigeria, the implementation and enforcement of these policies remains a Sisyphean task. Due to the exponential rise in death rates and other tobacco attributable illnesses, the called for an intensified regulatory mechanism has become imminent. Therefore, it is imperative for the government and its relevant agencies to review the laws regarding tobacco regulations to include other unconventional related products, such as E-cigarettes, and equally employ decisive administrative actions against individuals and corporations who violate these policies. Economic sanctions, such as imposition of high taxes on tobacco products could also discourage consumer demand for these products.

Conclusively, while these regulations lay solid frameworks in the fight against tobacco misuse and abuse, there is a need to embrace a more assertive approach to tobacco control; the relevant authorities must ensure the effective enforcement and implementation, in order to protect public health.

REFERENCES

The National Tobacco Control Act, 2015

National Tobacco Control Regulations, 2019

Federal Competition and Consumer Protection Act, 2018 (Nigeria) Cap. C25, LFN, 2004.

Nigeria fact sheet—Tobacco AtlasTobacco Atlas. (n.d.). Nigeria: Country fact sheet. Vital Strategies. Retrieved May 22, 2025, from https://tobaccoatlas.org/factsheets/nigeria/

Nigeria tobacco control laws - Tobacco Control Laws database Campaign for Tobacco-Free Kids. (n.d.). Nigeria Tobacco control laws. Tobacco Control Laws. Retrieved May 22, 2025, from https://www.tobaccocontrollaws.org/legislation/nigeria

World Health Organization. (2023, May 4). Secondhand smoke: The invisible killer that continues to cause death and disease.

FCCPC investigation into BATN Federal Competition and Consumer Protection Commission. (n.d.). British American Tobacco Nigeria Limited and affiliated companies: Investigation into possible violations of the Federal Competition and Consumer Protection Act 2018 and other relevant tobacco control laws. FCCPC. Retrieved May 22, 2025.

FCCPC anti-tobacco youth campaign Federal Competition and Consumer Protection Commission. (n.d.). Don't burn their future: FCCPC leads Nigeria's battle against youth access to tobacco. FCCPC. Retrieved May 22, 2025, from https://fccpc.gov.ng/dont-burn-their-future-fccpc-leads-nigerias-battle-against-youth-access-to-tobacco2/

CAPPA on tobacco control enforcement Corporate Accountability and Public Participation Africa. (2025, February 27). FCTC anniversary: CAPPA tasks govt on enforcement of tobacco control laws. https://cappaafrica.org/2025/02/27/fctc-anniversary-cappa-tasks-govt-on-enforcement-of-tobacco-control-laws/

Nigerian court upholds seizure of cigarettes without warning labels. https://ash.org/nigerian-court-upholds-seizure-of-cigarettes-without-warning-labels/

This Day article on constitutionality This Day. (2025, February 18). Constitutionality of law or guidelines made pursuant to competently enacted legislation.

https://www.thisdaylive.com/index.php/2025/02/18/constitutionality-of-law-or-guidelines-made-pursuant-to-competently-enacted-legislation/