Experts demand ban on nicotine products in key meeting to review tobacco law

New nicotine products could face a ban or similar rules as cigarettes, new discussions led by the Ministry of Health indicate.

The meeting, opened by Health PS Mary Muthoni in Naivasha, is discussing amendments to the sensitive Tobacco Control Act regulations of 2014.

It follows a push by the World Health Organization for governments to regulate novel tobacco and nicotine products because of the growing nicotine addiction crisis.

Tobacco companies are fighting the move behind the scenes as they have invested heavily in alternative products such as nicotine pouches and vapes.

Many cigarette makers have publicly announced they expect most of their revenues to come from novel products by 2035.

Representatives of health civil societies, who met in Nairobi on Wednesday, said the meeting in Naivasha should either ban nicotine products or tax them heavily.

They said the new products are currently marketed in different fruity flavours to attract children and youths.

“This (review) will ensure regulations to stop the early onset of tobacco use by children and young adults. According to WHO, the usage rate of e-cigarettes amongst Children (13–15 years) is higher than adults in all WHO regions,” said Thomas Lindi, national coordinator of the Kenya Tobacco Control Alliance (Ketca), the CSO’s umbrella body.

He added: “Emerging tobacco products like nicotine pouches, should be banned. Other tobacco products should bear high-resolution graphic images to show their true impact. Additionally, promotions and sales targeting children through social media and influencers should also be considered during the review.”

The WHO’s most recent analysis of emerging tobacco and nicotine products says these products are harmful.

They can cause miscarriage, and damage the developing brains of children and adolescents, the WHO says.

The industry presents them as alternatives to traditional tobacco products, which kill about 6,000 Kenyans every year, according to the Ministry of Health.

“While the industry is using the concepts of ‘harm reduction’ and ‘healthier alternatives to smoking’ to justify unregulated entry of these new and emerging nicotine and tobacco products into national markets, the truth is these products typically contain nicotine and other toxic substances that can have harmful impacts on brain development and long-term consequences, particularly for children and adolescents,” the report indicates.

WHO said countries need to prohibit or restrict the manufacture, import, distribution, presentation, sale and use of new and emerging nicotine and tobacco products.

WHO said these new products are not quitting aids but instead prevent those trying to quit tobacco from doing so successfully. “They can even contribute to non-smokers, particularly children and adolescents, taking up conventional cigarettes,” the WHO said.

National Taxpayers Association, a governance think tank based in Nairobi, demanded higher taxation in the amended law.

John Thomi, a programme officer with NTA, said there was little transparency in solatium fund contributions.

Tobacco companies are required to pay 2 per cent of their earnings every year to the fund. However, the current regulations control do not indicate how those funds should be managed.

“We demand transparency regarding the operationalisation of the Solatium Fund, which was established to assist in funding national programmes for cessation and rehabilitation as well as capital and ongoing expenses related to research, documentation, and informational distribution on tobacco and tobacco products,” Thomi said.

The meeting in Nairobi was also attended by the International Institute for Legislative Affairs (IILA), Non-Communicable Diseases Alliance-Kenya (NCDAK), Eastlands-based CSO Den of Hope among others.