Tobacco Bill: Consumer advocate urges risk-based regulation of cigarettes, vapes and nicotine pouches

NAIROBI, Kenya, Oct 5 — The Africa Consumer Advocacy Foundation (ACAF) has called for a risk-based approach to the regulation of nicotine products under the proposed Tobacco Control (Amendment) Bill, 2024, arguing that conventional cigarettes should not automatically be subjected to the same restrictions as electronic cigarettes and nicotine pouches.

ACAF Founder and CEO Anselm Maina said the organisation supports the proposed legislation but wants changes to provisions that would apply similar restrictions to different nicotine products.

Speaking on Capital in the Morning, Maina said regulation should prioritise public health and protection of people under 18 while ensuring adult smokers can access products that are legally permitted and properly regulated.

He said the market has evolved since the Tobacco Control Act, 2007 was enacted, with electronic cigarettes and nicotine pouches now available alongside conventional combustible cigarettes.

Maina argued that regulators should assess products according to their respective risks rather than applying blanket restrictions.

He said cigarettes should face the strictest controls while other nicotine products should also be subject to strong safeguards, particularly to prevent access by minors.

Maina also called for consumers to be represented on the Tobacco Advisory Committee, saying the proposed framework should incorporate the interests of people who use tobacco and nicotine products.

He noted that industry and business representatives are included in the committee but argued that consumers should also have a formal voice in the regulatory process.

“We believe that consumers should have a representative who is there speaking for them,” Maina said.

Maina further opposed a proposed blanket ban on online sales of nicotine products, warning that it could drive demand towards unregulated markets.

Instead, he proposed stronger age-verification measures for online purchases, including the use of identification documents.

He acknowledged, however, that any digital age-verification system would have to address concerns over the protection of consumers’ personal data.

Maina said preventing people under the age of 18 from accessing nicotine products should remain a key priority.

He argued that measures designed to protect minors should not necessarily prevent adult smokers from accessing regulated products.

Maina stressed that nicotine alternatives should not be presented as risk-free, while maintaining that he considers some products to pose lower risks than conventional cigarettes.

He said adult consumers should be provided with accurate information to enable them to make informed decisions.

“The goal is to quit,” he said, adding that the products should not be promoted to people who do not already use nicotine.

Maina said the alternatives should instead be considered by adult smokers seeking to move away from conventional cigarettes but who may not be able to quit immediately.

The consumer advocate also raised concerns that excessive restrictions could contribute to the growth of illicit markets.

He said products that are allowed on the Kenyan market should be tested, regulated and sold through licensed outlets, with safeguards to prevent access by minors.

Maina also argued that affordability should form part of the regulatory discussion, saying high prices could discourage some smokers from switching from conventional cigarettes and potentially push consumers towards unregulated products.

The debate comes as Kenya considers amendments to its tobacco-control framework to address newer nicotine products that were not widely available when the 2007 law was enacted.

The proposed changes have generated debate around public health, youth protection, consumer choice, taxation, enforcement and the potential growth of illicit markets.

Maina said Kenya should bring together consumers, traders, industry and policymakers to develop a framework that distinguishes between different products while maintaining strict protections for young people.