Senator Suleiman Umar Sadiq
By Peace Udugba -The Daily Torch Media
The Nigeria Employers’ Consultative Association (NECA), alongside the Standards Organisation of Nigeria (SON) and key industry operators, has strongly opposed the proposed Food, Medical Products and Related Products (Registration, Etc.) Bill, 2026. The stakeholders warned that bringing tobacco products under a new regulatory umbrella would trigger severe institutional conflicts, duplicate existing laws, and jeopardize Nigeria’s business environment.
Appearing before the Senate Committee on Health during a recent public hearing, NECA submitted a formal position paper cautioning lawmakers against creating unnecessary regulatory complexity. Sponsored by Senator Umar Sadiq Suleiman, the Bill passed its second reading in the Senate on July 21, 2026, and seeks to repeal the Food, Drugs and Related Products Act, 2004 while introducing an updated framework for food, medical, and related items.
However, NECA firmly argued that extending the legislation to tobacco products directly conflicts with existing statutes, specifically the National Tobacco Control Act, 2015, the National Tobacco Control Regulations, 2019, and the Standards Organisation of Nigeria Act, 2015.
Overlapping Mandates and Costly Duplication
According to NECA, tobacco products represent a distinct regulatory category and must not be treated as food or medicine. The employers’ group noted that the National Agency for Food and Drug Administration and Control (NAFDAC) lacks an express statutory mandate over tobacco, making its inclusion an unauthorized expansion into territory already managed by dedicated legislation.
If passed in its current form, NECA warned, the Bill would create conflicting responsibilities among NAFDAC, the Federal Ministry of Health and Social Welfare, SON, and the Nigeria Customs Service. The immediate fallout would include:
- Duplicative Processes: Multiple registration requirements and redundant approvals.
- Operational Uncertainty: Conflicting directives and enforcement decisions across agencies.
- Escalating Costs: Substantial financial and compliance burdens for legitimate enterprises.
NECA also raised concerns over proposed provisions granting expanded oversight over product registration, suspensions, seizures, and factory operations—particularly a proposed “ceiling-list mechanism.” The group warned this mechanism gives NAFDAC excessive administrative discretion to restrict products without sufficient legislative oversight or safeguards.
Government Agencies and Ministry Push Back
Echoing NECA’s stance, the Federal Ministry of Health and Social Welfare—NAFDAC’s supervising ministry—expressed strong reservations. Represented by Dr. Adebisi Adegoke, mni, Director of Hospital Services, the Ministry warned that the overlapping mandates present the government in a poor light. She urged the Senate to defer consideration of the Bill to allow for wider stakeholder consultation and proper alignment within the health ministry.
Aligning with the Ministry, the Standards Organisation of Nigeria (SON) pointed out that several clauses encroach upon its established statutory authority. SON called for a deferment to conduct holistic revision, emphasizing that the Bill in its current form suffers from a lack of adequate stakeholder engagement.
Industry Operators Warn of Illicit Trade Risks
Tobacco industry operators similarly cautioned against creating parallel regulatory layers. Stakeholders emphasized that manufacturing, importation, distribution, packaging, health warnings, and safety standards are already heavily governed by existing laws.
Industry representatives clarified that their opposition is not a pushback against public health oversight, but rather a warning against unnecessary “regulatory multiplication.” Unpredictable compliance requirements, they argued, could erode investor confidence, frustrate business expansion, and undermine the Federal Government’s ease-of-doing-business initiatives.
Furthermore, operators warned that tying up resources in redundant administrative processes would distract regulatory agencies from combating illicit trade and clamping down on non-compliant market actors.
A Call for Legislative Alignment
In its final plea, NECA urged the National Assembly to explicitly exclude tobacco products from the scope of the Bill, introduce safeguards against unilateral administrative decisions, and foster institutional coordination.
Reaffirming its commitment to constructive engagement, the association stressed that effective regulation relies on clearly defined mandates, proportional enforcement, and predictable rules. NECA urged lawmakers to refine the proposal so that it complements—rather than disrupts—Nigeria’s existing public health and business regulatory landscape.
