Nakuru: A segment of traders in Nakuru have requested the Senate to delay the Tobacco Bill to facilitate more public engagement, voicing concerns that the proposed legislation might exacerbate illicit trade in the nation if enacted in its current form. The Tobacco Control (Amendment) Bill 2024, presently under Senate review, intends to prohibit flavored vapes and nicotine pouches while enforcing additional limitations on other tobacco products.
According to Kenya News Agency, the Bill aims to revise Kenya’s Tobacco Control Act of 2007 to regulate new nicotine products, curb advertising, and ban unauthorized items. Sponsored by ODM nominated Senator Dr. Catherine Mumma, the legislation has prompted the Bar, Hotels and Liquor Traders Association (BAHLITA) to express apprehension that flavor bans could pave the way for illicit products, deprive the government of revenue, and expose Kenyans to unregulated goods.
Boniface Gachoka, the association’s spokesman, argued that nicotine pouches, priced around Sh600, are beyond the reach of minors. He emphasized that the existing law, particularly section 15 of the Tobacco Control Act of 2007, already provides a legal framework safeguarding the sale and access to tobacco products for individuals under 18 years.
Gachoka, also the Secretary General of BAHLITA, urged the Senate to involve Kenyans thoroughly in the legislative process to avert litigation, noting that the Tobacco Control (Amendment) Act, 2024 was not favorable for business. He warned of potential court actions from Kenyans should the Senate bypass public involvement in law-making.
The Association commended the Kenya Revenue Authority for its recent commitment to strengthening its excisable goods management system in combating illicit trade within the country. Moreover, Gachoka expressed concern that stricter regulations on nicotine products could endanger jobs and restrict access to safer alternatives.
Josiah Wanyika, BAHLITA Treasurer, called on lawmakers to prioritize enforcing existing laws, including the ban on tobacco sales to individuals under 18, instead of introducing new regulations that could negatively impact businesses and government revenue.
The Tobacco Control (Amendment) Bill, 2024 (Senate Bills No. 35 of 2024), aims to regulate the burgeoning use of electronic nicotine products, synthetic nicotine, and nicotine pouches by prohibiting sales to minors, restricting sweet flavors, and regulating marketing and advertisement, especially online. The Bill expands the definition of ‘smoking’ to include synthetic nicotine inhalation and broadens the term ‘tobacco product’ to cover synthetic nicotine.
The legislation seeks to regulate the production, advertisement, sale, and use of nicotine products, including nicotine pouches, vapes, hookahs, and shisha, while ensuring the standardization of safe products. It prohibits the production or sale of tobacco-like objects appealing to children under 18 and mandates child-proof packaging for nicotine pouches and vapes.
The Bill bans advertising, sales offers, or selling tobacco products on digital platforms, including social media and video-sharing websites, and prohibits the use of brand ambassadors or influencers to promote tobacco products. Violators face penalties, including jail terms and fines, depending on the nature of the offense.
Manufacturers, distributors, sellers, or any tobacco product dealers must obtain licenses from respective county health committees, dealing only with licensed products and operating from licensed properties. Violations involving unlicensed dealings or non-compliance with health standards will result in hefty fines and possible imprisonment.
The Bill mandates clear health warnings on tobacco product packaging and prohibits additives that suggest health benefits or reduced risks, including caffeine, stimulants, and characterizing flavors. Upon enactment, the Bill will enforce smoking bans in various public and private spaces, including educational institutions, healthcare facilities, and public transport, designating specific non-smoking zones to protect public health.
