Report exposes tobacco industry move to stop graphic warnings on nicotine pouches

Samuel Ochieng, the CIN boss, said the industry also exploited classification loopholes to avoid tobacco regulations.

by STAR REPORTER

Health05 March 2025 - 15:00

In Summary

Consumer Information Network called for enhanced enforcement of existing laws, stricter oversight, and closing of regulatory loopholes that allow nicotine products to bypass tobacco regulations.

The tobacco industry in Kenya has employed a range of tactics to undermine Kenya’s tobacco control laws, according to a new investigative report released by non-profits the Consumer Information Network (CIN), the International Institute of Legislative Affairs (IILA), and the Kenya Tobacco Control and Health Promotion Alliance (KETCA).

The report documents how the industry has exploited regulatory loopholes, mounted legal challenges, and influenced policymakers to obstruct the implementation of health regulations meant to curb tobacco-related harm.

One of the most glaring strategies was the use of the legal system to stall the implementation of Kenya’s Tobacco Control Regulations (2014), which required all tobacco products to display graphic health warnings (GHWs) covering 30 percent of the front and 50 percent of the back of cigarette packaging.

These rules were supposed to take effect in June 2015 but were delayed for six years due to legal challenges filed by the industry, claiming the regulations were unconstitutional.

“In 2006, BATK and Mastermind Tobacco successfully used the same tactic to challenge a smoking ban in public places, delaying enforcement until the passage of the Tobacco Control Act in 2007,” the report notes. It is titled, “Investigating and Exposing of British American Tobacco Kenya’s (BATK) maneuvers to Defy Graphic Health Warnings Directive on Nicotine Pouches in Kenya.”

The investigation further highlights how the industry exploited classification loopholes to avoid tobacco regulations.

When the LYFT nicotine pouches were registered as pharmaceutical products with the Pharmacy and Poisons Board (PPB) in 2019 instead of tobacco products. This maneuver enabled the marketing of LYFT freely, including through vending machines and online platforms accessible to people of all ages, the report suggests.

Despite a 2021 reclassification of LYFT as a tobacco product, the industry continued to lobby for exemptions. “BATK sought a separate legal framework for nicotine pouches, arguing that graphic health warnings showing diseased lungs were inappropriate since the product is not burned,” said Samuel Ochieng, CEO of the Consumer Information Network.

According to the report, the lobbying efforts included direct engagement with officials from the Ministry of Health (MoH) and the Ministry of Industrialization. At least 10 letters exchanged with the Ministry of Health were uncovered, revealing attempts to delay the implementation of GHWs on nicotine pouches for five years.

One such letter, dated February 18, 2021, and addressed to then-Health Cabinet Secretary Mutahi Kagwe, urged the government to amend the Tobacco Control Act to accommodate nicotine pouches. “The current graphic health warning requirements under the Act are not suitable for oral nicotine products like LYFT,” wrote one industry leader.

Economic pressure was another tool used. One company warned it would sell its Sh2.4 billion nicotine pouch factory machinery, claiming regulatory delays had rendered the facility idle for nearly five years.

“In a financial statement, BATK announced that regulatory uncertainty had impeded commercialization of its nicotine pouches, and to ‘protect shareholder value,’ the company had accepted offers to sell the factory,” the report states.

Thomas Lindi, KETCA’s national coordinator, condemned such tactics as attempts to intimidate the government. “The industry uses investment and job creation as bargaining chips to weaken public health policies,” he said.

The industry also attempted to sway public opinion through media campaigns. In the lead-up to a public participation forum on new graphic health warnings in May 2024, some advocates held a closed-door meeting with journalists, promoting narratives around “harm reduction” and suggesting that nicotine pouches are safer alternatives to smoking.

A coordinated media and social media campaign using the hashtag #HarmReductionKE pushed this agenda, advocating against graphic health warnings on nicotine pouches while promoting vaping and other harm reduction approaches.

Celine Awuor, CEO of the International Institute of Legislative Affairs, stressed that enforcement is crucial. “Kenya has some of the strongest tobacco control laws, but they mean nothing if they are not enforced,” she said. “The government must stand firm against the tobacco industry’s influence.”

The report calls for enhanced enforcement of existing laws, stricter oversight, and closing of regulatory loopholes that allow nicotine products to bypass tobacco regulations. It also emphasizes the need for timely resolution of court cases filed by the tobacco industry and for media and civil society voices to counter misinformation.

The findings are expected to increase scrutiny of the sale of nicotine pouches in Kenya and push policymakers to bolster the country’s tobacco control framework against industry interference.