Senator Suleiman Umar Sadiq
Susan Abayomi
The Nigeria Employers’ Consultative Association (NECA), the Standards Organisation of Nigeria (SON) and the Federal Ministry of Health and Social Welfare have raised concerns over the proposed Food, Medical Products and Related Products (Registration, Etc.) Bill, 2026, warning that its provisions could create regulatory conflicts, increase business costs and disrupt operations.
NECA, in a formal submission to the Senate Committee on Health, urged the National Assembly to exclude tobacco products from the proposed legislation, arguing that the sector is already governed by existing laws and regulatory frameworks.
The Bill, sponsored by Senator Umar Sadiq Suleiman, passed its second reading in the Senate on July 21, 2026. It seeks to repeal the Food, Drugs and Related Products Act, 2004, and introduce a new framework for regulating food, medical and related products.
However, NECA argued that extending the proposed law to tobacco products could create overlaps with the National Tobacco Control Act, 2015, the National Tobacco Control Regulations, 2019, and the Standards Organisation of Nigeria Act, 2015.
According to the employers’ association, the proposed framework could create conflicting responsibilities among the National Agency for Food and Drug Administration and Control (NAFDAC), the Federal Ministry of Health and Social Welfare, SON and the Nigeria Customs Service.
It warned that such overlaps could result in multiple registration requirements, repeated approvals, inconsistent enforcement decisions, increased compliance costs and uncertainty for businesses operating within the law.
NECA maintained that tobacco products constitute a distinct regulatory category and should not be classified alongside food and medicines under the proposed legislation. It also argued that including tobacco products in the Bill could expand NAFDAC’s authority into an area already covered by dedicated legislation.
The association further expressed concern about provisions granting additional powers over product registration, suspension, seizure, factory operations and enforcement. It cautioned that these powers could conflict with the statutory responsibilities of existing regulatory institutions.
NECA also questioned the proposed ceiling-list mechanism, warning that it could grant NAFDAC excessive administrative discretion to restrict products without adequate legal safeguards and oversight.
Consequently, the association called on lawmakers to exclude tobacco products from the Bill, introduce safeguards against unilateral regulatory decisions and strengthen coordination among relevant government agencies.
The Federal Ministry of Health and Social Welfare also expressed reservations about the proposed amendments during a public hearing. Represented by Dr Adebisi Adegoke, Director of Hospital Services, the Ministry highlighted the risks of regulatory conflicts, duplicated responsibilities and overlapping mandates.
It recommended that consideration of the Bill be deferred to allow further consultations with affected stakeholders and ensure alignment with the Ministry’s position.
Similarly, SON raised concerns that some provisions of the proposed legislation could conflict with the law establishing the organisation and interfere with its existing statutory responsibilities.
The standards body supported calls for the Bill to be deferred for a more comprehensive review, noting that further stakeholder engagement was necessary to eliminate unnecessary complexities and overlapping regulatory functions.
Tobacco industry operators have also opposed the proposed legislation, arguing that manufacturing, importation, distribution, packaging, health warnings and product standards are already subject to extensive statutory controls.
They warned that introducing parallel approval and enforcement structures could expose compliant manufacturers and importers to conflicting directives, additional administrative expenses, operational disruptions and uncertainty over regulatory authority.
Industry stakeholders stressed that their objections were not against public-health regulation but against introducing additional regulatory requirements without clearly established benefits.
They also cautioned that unpredictable compliance obligations could weaken investor confidence, discourage business expansion and undermine efforts to improve Nigeria’s competitiveness and ease of doing business.
According to the operators, unnecessary administrative burdens could also divert regulatory resources from more pressing challenges, including illicit trade and the activities of non-compliant operators.
NECA emphasised that a predictable and coordinated regulatory environment is essential for investment, economic growth, effective public-health protection and compliance with existing laws.
The association called for a legislative review that would ensure the proposed framework complements rather than contradicts Nigeria’s existing tobacco-control regime.
It reaffirmed its willingness to engage with the National Assembly and relevant stakeholders to achieve a balanced outcome that protects public health while preserving regulatory clarity and business confidence.
