The Nigeria Employers’ Consultative Association (NECA), the Standards Organisation of Nigeria (SON) and tobacco industry stakeholders have raised objections to provisions of a proposed bill seeking to expand the regulatory framework for food, medical and related products to cover tobacco products, warning that the move could duplicate existing laws, create conflicts among government agencies and disrupt legitimate business operations. NECA has consequently urged the National Assembly to exclude tobacco products from the proposed legislation.
NECA Warns Against Regulatory Duplication
In a formal submission to the Senate Committee on Health, NECA expressed concern that the proposed Food, Medical Products and Related Products (Registration, Etc.) Bill, 2026, sponsored by Senator Umar Sadiq Suleiman, could introduce unnecessary regulatory complexities in an industry already subject to established laws and oversight mechanisms.
The bill, which passed its second reading in the Senate on July 21, 2026, seeks to repeal the Food, Drugs and Related Products Act, 2004, and introduce a new regulatory framework for food, medical and related products.
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However, NECA argued that extending the proposed legislation 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.
According to the employers’ association, 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.
NECA warned that such overlaps could result in multiple product registration requirements, repeated approval processes, conflicting enforcement decisions, increased compliance costs and uncertainty for businesses operating within the law.
The association maintained that tobacco products belong to a distinct regulatory category and should not be classified alongside food and medicines under the proposed legislation.
It also argued that NAFDAC’s existing statutory mandate does not expressly cover tobacco products, adding that their inclusion in the new bill could expand the agency’s authority into an area already governed by dedicated legislation.
Association Raises Concerns Over Proposed Enforcement Powers
NECA further questioned provisions that would grant additional powers relating to product registration, suspension, seizure, factory operations and enforcement.
It cautioned that these provisions could interfere with the statutory responsibilities of other regulatory institutions and create uncertainty over the agencies authorised to make specific decisions.
The association also raised concerns about the proposed ceiling-list mechanism, arguing that it could give NAFDAC broad administrative discretion to restrict products without sufficient statutory safeguards and oversight.
To address these concerns, NECA called on lawmakers to exclude tobacco products from the bill, establish safeguards against unilateral regulatory decisions and improve coordination among existing regulatory agencies.
It urged the National Assembly to amend the proposed legislation to preserve the mandates of relevant institutions while preventing duplicated responsibilities, regulatory uncertainty and avoidable disruption to legitimate businesses.
NECA stressed that a predictable and coherent regulatory environment was important for investment, economic growth, effective compliance and public-health protection.
The association maintained that any legislative changes should complement Nigeria’s existing tobacco-control framework rather than introduce conflicting provisions or unnecessary administrative burdens.
It also reaffirmed its willingness to engage with lawmakers and other stakeholders to support a balanced legislative outcome that safeguards public health while maintaining regulatory certainty and business confidence.
Health Ministry Calls for Further Consultation
The Federal Ministry of Health and Social Welfare also expressed reservations about the proposed amendments during the public hearing.
Represented by Dr Adebisi Adegoke, mni, Director of Hospital Services, the ministry warned that the proposed provisions could create regulatory conflicts, duplicate existing responsibilities and produce overlapping mandates among government institutions.
The ministry recommended deferring consideration of the bill to allow broader consultations with affected stakeholders and ensure that its provisions align with the ministry’s responsibilities and Nigeria’s existing regulatory framework.
It stressed the need for a more coordinated approach to legislation that could affect the mandates of multiple public institutions.
SON Identifies Potential Conflict With Its Enabling Law
The Standards Organisation of Nigeria aligned with the Ministry of Health’s position, highlighting provisions it said could conflict with the SON Act and interfere with its established statutory responsibilities.
At the public hearing, the organisation supported calls to defer the bill for a more comprehensive review aimed at removing unnecessary complexities and overlapping regulatory functions.
SON also questioned whether sufficient engagement had taken place with affected institutions before the proposed amendments were introduced.
It maintained that further consultation was necessary to ensure that the proposed law would not undermine existing regulatory arrangements or create conflicting obligations for businesses.
Tobacco Industry Raises Business Concerns
Tobacco industry operators have similarly opposed the proposed expansion of NAFDAC’s regulatory framework, warning that an additional layer of oversight could make compliance more complicated without necessarily improving regulatory effectiveness.
During a recent public hearing on the bill, industry stakeholders argued that tobacco manufacturing, importation, distribution, packaging, health warnings, product standards and related activities are already governed by extensive statutory requirements.
They cautioned that parallel approval and enforcement structures could expose manufacturers and importers operating within the law to conflicting directives, additional administrative expenses, operational disruptions and uncertainty over which agency has the final regulatory authority.
According to the industry’s position, the objection is not to public-health regulation itself but to the introduction of additional regulatory requirements without clearly established benefits or a demonstrated need for another layer of oversight.
Operators further argued that unpredictable compliance obligations could weaken investor confidence, discourage business expansion and complicate government efforts to improve Nigeria’s competitiveness and ease of doing business.
They also warned that imposing unnecessary administrative burdens on compliant businesses could divert regulatory resources and attention from more pressing enforcement challenges, including illicit trade and operators that fail to comply with existing laws.
Stakeholders Seek a Coordinated Regulatory Framework
The concerns raised by NECA, SON, the Federal Ministry of Health and Social Welfare, and tobacco industry operators centre on the potential consequences of introducing new regulatory responsibilities without clearly resolving overlaps with existing legislation.
The stakeholders are calling for a more coordinated legislative approach that defines the responsibilities of each agency, establishes predictable compliance requirements and prevents conflicting enforcement decisions.
They argue that reviewing the proposed provisions through broader stakeholder engagement would help lawmakers identify potential inconsistencies before the bill progresses further.
As consideration of the proposed legislation continues, NECA and other stakeholders are urging the National Assembly to ensure that any new regulatory framework complements existing laws, protects public-health objectives and avoids unnecessary disruption to legitimate business activities.
