NECA, SON, Health Ministry Reject Proposed NAFDAC Bill, Seek Review

By Adebola Muili

The Nigeria Employers’ Consultative Association (NECA), the Standards Organisation of Nigeria (SON) and the Federal Ministry of Health and Social Welfare have opposed provisions of a proposed bill seeking to expand the regulatory framework for tobacco products, warning that the move could create overlapping mandates, increase business costs and disrupt legitimate operations.

NECA, in a submission to the Senate Committee on Health, urged the National Assembly to exclude tobacco products from the proposed Food, Medical Products and Related Products (Registration, Etc.) Bill, 2026, arguing that the products are already subject to dedicated legislation and regulatory controls.

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 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.

The association warned that the proposed arrangement 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, resulting in multiple registration requirements, duplicative approvals, conflicting enforcement decisions and additional compliance costs.

It maintained that tobacco products constitute a distinct regulatory category and should not be brought under the proposed framework in a manner that duplicates existing statutory controls.

NECA also expressed concern over provisions granting additional powers relating to product registration, suspension, seizure, factory operations and enforcement, warning that they could interfere with the established responsibilities of other government institutions.

The association particularly questioned the proposed ceiling-list mechanism, arguing that it could grant NAFDAC excessive administrative discretion to restrict products without adequate statutory safeguards and oversight.

It therefore called on lawmakers to amend the bill to prevent regulatory duplication, protect the responsibilities of existing institutions and ensure that any new provisions do not introduce unnecessary uncertainty for businesses.

The Federal Ministry of Health and Social Welfare also expressed reservations about the proposed amendments at a public hearing on the bill.

Represented by the Director of Hospital Services, Dr Adebisi Adegoke, mni, the ministry warned that the proposed changes could lead to 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 that the proposed provisions align with the ministry’s position.

Similarly, SON opposed provisions it said could conflict with its enabling law and interfere with its established statutory responsibilities.

The organisation called for the bill to be deferred for a more comprehensive review, noting that further engagement was necessary to address areas of duplication and remove unnecessary regulatory complications.

Tobacco industry operators also raised concerns about the proposed legislation, arguing that tobacco manufacturing, importation, distribution, packaging, health warnings and product standards are already subject to extensive statutory controls.

They warned that establishing parallel approval and enforcement structures could expose compliant manufacturers and importers to conflicting directives, increased administrative costs and uncertainty over the authority responsible for particular regulatory decisions.

The industry stakeholders maintained that their concerns were not about resisting public-health regulation but about introducing additional regulatory requirements without clearly established benefits.

They further argued that unpredictable compliance obligations could weaken investor confidence, discourage business expansion and undermine efforts to improve Nigeria’s ease of doing business.

The operators also warned that imposing unnecessary administrative burdens on compliant businesses could divert regulatory attention and resources from more pressing challenges, including illicit trade and non-compliant operators.

NECA stressed that an effective regulatory environment requires clearly defined institutional responsibilities, predictable compliance requirements, proportionate enforcement and coordination among relevant government agencies.

The association urged the National Assembly to ensure that the proposed legislation complements Nigeria’s existing tobacco control framework rather than creating conflicts with laws already governing the sector.

It expressed readiness to continue engaging lawmakers and other stakeholders towards a legislative outcome that protects public health while preserving regulatory certainty and business confidence.