By Ayomide Otitoju
The Nigeria Employers’ Consultative Association (NECA), the Standards Organisation of Nigeria (SON) and tobacco industry operators have opposed provisions of the proposed Food, Medical Products and Related Products (Registration, Etc.) Bill, 2026, warning that it could create regulatory overlaps, increase business costs and disrupt legitimate 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 industry is already governed by dedicated laws and regulatory frameworks.
The bill, sponsored by Senator Umar Sadiq Suleiman, passed second reading in the Senate on July 21, 2026. It seeks to repeal the Food, Drugs and Related Products Act, 2004, and establish a new regulatory framework for food, medical and related products.
However, NECA argued that extending the proposed law to tobacco products could conflict with the National Tobacco Control Act, 2015, the National Tobacco Control Regulations, 2019, and the Standards Organisation of Nigeria Act, 2015.
The association warned that the proposed framework could create overlapping 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.
According to NECA, such overlaps could result in multiple product registration requirements, duplicated approvals, conflicting enforcement decisions, higher compliance costs and uncertainty for businesses.
The employers’ body maintained that tobacco products constitute a distinct regulatory category and should not be treated as food or medicines under the proposed legislation.
It also argued that NAFDAC’s existing statutory mandate does not expressly cover tobacco products, warning that their inclusion in the bill could extend the agency’s authority into an area already regulated by dedicated legislation.
NECA further expressed concern about provisions granting additional powers over product registration, suspension, seizure, factory operations and enforcement, noting that these could conflict with the established responsibilities of other regulatory institutions.
The association also questioned the proposed ceiling-list mechanism, warning that it could grant NAFDAC excessive administrative discretion to restrict products without adequate statutory safeguards and oversight.
NECA consequently called on lawmakers to exclude tobacco products from the bill, introduce safeguards against unilateral regulatory decisions and strengthen coordination among existing regulatory agencies.
It stressed that effective regulation requires clearly defined institutional responsibilities, predictable compliance requirements, proportionate enforcement and cooperation among relevant government institutions.
The association added that a coherent regulatory environment was necessary to support investment, economic growth, public-health protection and compliance with existing laws.
At the public hearing, the Federal Ministry of Health and Social Welfare, NAFDAC’s supervisory ministry, also expressed reservations about the proposed amendments.
Represented by Dr Adebisi Adegoke, Director of Hospital Services, the ministry warned that the bill could create regulatory conflicts, duplicate existing responsibilities and produce overlapping mandates.
The ministry recommended that consideration of the bill be deferred to allow further consultations among affected stakeholders and ensure alignment with the existing regulatory framework.
SON also opposed aspects of the proposed legislation, stating that some provisions conflicted with its enabling law and could interfere with its established statutory responsibilities.
The organisation aligned with the health ministry’s position, calling for the bill’s consideration to be deferred to allow a more comprehensive review that would eliminate unnecessary complexities and overlapping mandates.
SON also questioned the level of consultation undertaken before the proposed amendments were introduced, suggesting that broader stakeholder engagement was necessary to develop a more coherent regulatory framework.
Tobacco industry operators similarly raised concerns at a recent public hearing, arguing that an additional regulatory layer could complicate compliance without necessarily improving regulatory effectiveness.
Industry stakeholders maintained that tobacco manufacturing, importation, distribution, packaging, health warnings, product standards and related activities are already subject to extensive statutory controls.
They warned that parallel approval and enforcement systems could expose legitimate manufacturers and importers to conflicting directives, additional administrative costs, operational disruptions and uncertainty over regulatory authority.
The operators said their concerns were not rooted in opposition to public-health regulation but in the potential consequences of multiplying regulatory requirements without clearly established public-policy benefits.
They further warned that unpredictable compliance obligations could weaken investor confidence, discourage business expansion and undermine government efforts to improve Nigeria’s competitiveness and ease of doing business.
Industry stakeholders also argued that imposing unnecessary administrative burdens on compliant businesses could divert regulatory resources from more pressing challenges, including illicit trade and the activities of non-compliant operators.
NECA reiterated its readiness to engage the National Assembly and relevant stakeholders to achieve a balanced legislative outcome that protects public health while preserving regulatory certainty and business confidence.
The association urged lawmakers to ensure that the proposed legislation complements, rather than contradicts, Nigeria’s existing tobacco control framework.
