By Ajibola Olaide, JKNewsMedia
PLANS TO introduce a new regulatory framework covering tobacco products have drawn objections from employers, government agencies and industry operators, who warn that overlapping mandates could increase business costs, create conflicting enforcement decisions and disrupt legitimate operations.
JKNewsMedia.com reports that the Nigeria Employers’ Consultative Association (NECA) has urged the National Assembly (NASS) to exclude tobacco products from the proposed Food, Medical Products and Related Products (Registration, Etc.) Bill, 2026, while the Federal Ministry of Health and Social Welfare (FMHSW) and the Standards Organisation of Nigeria (SON) have called for further consultation and a comprehensive review.
Sponsored by Senator Umar Sadiq Suleiman, the Bill 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.
In its formal submission to the Senate Committee on Health, NECA argued that extending the proposed framework to tobacco products could conflict with the National Tobacco Control Act (NTCA), 2015, the National Tobacco Control Regulations, 2019 (NTCR), and the Standards Organisation of Nigeria Act (SONA), 2015.
The employers’ association warned that the proposed legislation could create overlapping responsibilities among the National Agency for Food and Drug Administration and Control (NAFDAC), the FMHSW, SON and the Nigeria Customs Service (NSC).
NECA said the resulting duplication could expose businesses to multiple product registration requirements, repeated approvals, conflicting enforcement decisions, additional compliance costs and uncertainty over regulatory responsibilities.
The association maintained that tobacco products constitute a distinct regulatory category and should not be treated as food or medicines under the proposed legislation.
It also argued that NAFDAC’s existing statutory mandate does not expressly cover tobacco products, warning that their inclusion could extend the agency’s authority into an area already governed by dedicated legislation.
NECA further questioned provisions that would grant additional powers over product registration, suspension, seizure, factory operations and enforcement, arguing that these could conflict with the established responsibilities of other institutions.
It expressed particular concern about 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 urged lawmakers to remove tobacco products from the Bill’s scope, establish safeguards against unilateral regulatory decisions and strengthen coordination among existing government agencies as they collectively also called for clearly defined institutional responsibilities, predictable compliance requirements and proportionate enforcement.
The FMHSW, which supervises NAFDAC, also expressed strong reservations about the proposed amendments during the public hearing.
Representing the ministry, Dr Adebisi Adegoke, Director of Hospital Services, highlighted the potential for regulatory conflicts, duplication and overlapping mandates. She warned that such developments would not present the government in a good light.
The ministry recommended deferring consideration of the Bill to allow further consultation among affected stakeholders and ensure full alignment with the Ministry of Health and Social Welfare.
SON similarly raised concerns that some provisions could conflict with its establishing law and interfere with its statutory responsibilities.
At the public hearing, the organisation aligned with the FMHSW’s call for deferment, arguing that a more comprehensive review was needed to eliminate unnecessary complexities and overlapping mandates. It also questioned whether sufficient engagement and consultation had taken place before the proposed amendments were introduced.
Tobacco industry operators have also challenged the proposed additional regulatory layer, warning that it could complicate compliance without necessarily improving regulatory effectiveness.
During a recent public hearing, industry stakeholders maintained that tobacco manufacturing, importation, distribution, packaging, health warnings, product standards and related activities already fall under extensive statutory controls.
They argued that parallel approval and enforcement structures could expose legitimate manufacturers and importers to conflicting directives, additional administrative expenses, operational disruptions and uncertainty over which agency holds final regulatory authority.
The operators stressed that their concerns were not rooted in opposition to public-health regulation, but in the potential consequences of multiplying regulatory requirements without clearly demonstrated public-policy benefits.
They further warned that unpredictable compliance obligations could weaken investor confidence, discourage business expansion and undermine the Federal Government’s efforts to improve Nigeria’s competitiveness and ease of doing business.
JKNewsMedia.com also reports that industry stakeholders further cautioned that unnecessary administrative burdens on compliant businesses could divert regulatory attention and resources from more pressing enforcement challenges, including illicit trade and non-compliant operators.
NECA added that a coherent regulatory environment remained essential for investment, economic growth, effective public-health protection and compliance.
It further expressed readiness to continue engaging the NASS and relevant stakeholders to secure a legislative outcome that protects public health while maintaining regulatory certainty and business confidence.
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