The Nigeria Employers’ Consultative Association (NECA), the Standards Organisation of Nigeria (SON) and the Federal Ministry of Health and Social Welfare have opposed a proposed bill seeking to expand the regulatory framework for food, medical and related products to cover tobacco products.
The stakeholders warned that the proposed legislation could create conflicting responsibilities among government agencies, increase compliance costs for businesses and undermine the effectiveness of existing regulations.
The bill, sponsored by Senator Umar Sadiq Suleiman, passed second reading in the Senate on July 21, 2026. It seeks to repeal the Food, Drugs and Related Products Act, 2004, and introduce a new regulatory framework for food, medical and related products.
However, NECA argued in its submission to the Senate Committee on Health that including tobacco products in the proposed legislation would overlap with existing laws, particularly the National Tobacco Control Act, 2015, the National Tobacco Control Regulations, 2019, and the Standards Organisation of Nigeria Act, 2015.
The association said the proposed framework could create overlapping duties for 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, repeated approvals, conflicting enforcement decisions and increased operating costs for businesses.
It maintained that tobacco products belong to a distinct regulatory category and should remain under the existing legal framework rather than being incorporated into legislation primarily designed for food, medicines and related products.
NECA also questioned provisions that could expand NAFDAC’s powers over product registration, suspension, seizure, factory operations and enforcement, warning that these could interfere with the statutory responsibilities of other agencies.
The association expressed particular concern about a proposed ceiling-list mechanism, arguing that it could give the agency excessive discretion to restrict products without sufficient legal safeguards and oversight.
It urged the National Assembly to exclude tobacco products from the bill, establish safeguards against unilateral regulatory decisions and improve coordination among relevant government institutions.
The Federal Ministry of Health and Social Welfare also raised concerns at the public hearing. Represented by its Director of Hospital Services, Dr Adebisi Adegoke, mni, the ministry warned that the proposed amendments could create regulatory conflicts and duplicate existing responsibilities.
The ministry recommended postponing consideration of the bill to allow broader consultations with affected stakeholders and ensure alignment with its policies and responsibilities.
SON supported the call for a review, noting that some provisions of the proposed legislation could conflict with the law establishing the organisation and interfere with its existing statutory functions.
The organisation also questioned the level of consultation undertaken before the proposed amendments were introduced, calling for a more comprehensive review to eliminate unnecessary overlaps.
Tobacco industry operators similarly argued that their activities, including manufacturing, importation, distribution, packaging, health warnings and product standards, were already subject to extensive legal controls.
They warned that introducing additional approval and enforcement systems could expose compliant businesses to conflicting directives, administrative delays, higher costs and uncertainty over which agency has final authority.
The operators said their concerns were not about avoiding public health regulations but about preventing unnecessary duplication without clear evidence that the proposed framework would improve regulatory outcomes.
They added that unpredictable compliance requirements could discourage investment, disrupt business expansion and weaken Nigeria’s efforts to improve its business environment.
Industry stakeholders also warned that excessive administrative demands could divert attention and resources from more pressing challenges, including illicit trade and non-compliant operators.
NECA said a clear and coordinated regulatory system was necessary to protect public health while supporting investment, economic growth and business confidence.
The association expressed its readiness to continue engaging lawmakers and other stakeholders to ensure that the proposed legislation complements Nigeria’s existing regulatory framework rather than creating further conflicts.