NECA, Health Ministry, SON Oppose Tobacco Provisions in New Bill

By Adedapo Adesanya

The Nigeria Employers’ Consultative Association (NECA), the Federal Ministry of Health and Social Welfare and the Standards Organisation of Nigeria (SON) have opposed provisions of the proposed Food, Medical Products and Related Products (Registration, Etc.) Bill, 2026, warning that they could create regulatory conflicts and increase compliance costs for businesses.

The stakeholders raised their concerns over the proposed legislation, sponsored by Senator Umar Sadiq Suleiman, which seeks to repeal the Food, Drugs and Related Products Act, 2004, and establish a new regulatory framework for food, medical and related products.

The bill passed second reading in the Senate on July 21, 2026.

In its submission to the Senate Committee on Health, NECA argued that bringing tobacco products under the proposed framework would duplicate existing regulations, particularly the National Tobacco Control Act, 2015, the National Tobacco Control Regulations, 2019, and the Standards Organisation of Nigeria Act, 2015.

The employers’ association warned that the proposed provisions 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.

According to NECA, such overlaps could result in multiple registration requirements, duplicative approvals, conflicting enforcement decisions, higher compliance costs and uncertainty for businesses.

The association maintained that tobacco products constitute a distinct regulatory category and should be excluded from the Bill, arguing that their inclusion could extend NAFDAC’s authority into an area already covered by dedicated legislation.

NECA also expressed concern about provisions granting additional powers over product registration, suspension, seizure, factory operations and enforcement, warning that they could conflict with the statutory responsibilities of existing regulatory institutions.

It specifically questioned 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 exclude tobacco products from the Bill, establish safeguards against unilateral regulatory decisions and strengthen coordination among existing agencies.

The Federal Ministry of Health and Social Welfare also expressed reservations about the proposed amendments at the public hearing. Its representative, Mrs Adebisi Adegoke, Director of Hospital Services, called for the Bill’s consideration to be deferred to allow further consultations among affected stakeholders and ensure alignment with the ministry’s regulatory responsibilities.

The ministry warned that the proposed provisions could lead to regulatory conflicts, duplication and overlapping mandates, recommending further engagement before lawmakers proceed with the legislation.

SON similarly argued that some provisions conflicted with the law establishing the organisation and could interfere with its existing statutory responsibilities.

The standards regulator backed the call for a deferment, saying more comprehensive consultations were needed to eliminate regulatory overlaps and unnecessary complexities.

Tobacco industry operators have also opposed the proposed provisions, arguing that manufacturing, importation, distribution, packaging, health warnings and product standards are already subject to extensive statutory controls.

They warned that introducing parallel approval and enforcement structures could expose manufacturers and importers to conflicting directives, additional administrative costs, operational disruptions and uncertainty over regulatory authority.

The operators maintained that their position was not opposition to public-health regulation but concern that additional regulatory requirements could complicate compliance without clearly established public-policy benefits.

They also warned that unpredictable compliance requirements could weaken investment confidence, discourage business expansion and undermine efforts to improve Nigeria’s competitiveness and ease of doing business.

Industry stakeholders further argued that imposing additional administrative burdens on compliant businesses could divert regulatory resources from addressing illicit trade and non-compliant operators.

NECA said a coherent regulatory framework was necessary to support investment, economic growth, public-health protection and effective compliance, adding that the proposed legislation should complement rather than contradict Nigeria’s existing tobacco control framework.

The association expressed its readiness to continue engaging the National Assembly and other stakeholders to achieve a legislative outcome that protects public health while preserving regulatory certainty and business confidence.