Key stakeholders, including the Nigeria Employers’ Consultative Association, the Standards Organisation of Nigeria and tobacco industry operators, have kicked against parts of the proposed Food, Medical Products and Related Products (Registration, Etc.) Bill, 2026. They warned that the legislation could generate regulatory conflicts, raise compliance costs and disrupt business operations.
In a submission to the Senate Committee on Health, NECA asked lawmakers to remove tobacco products from the scope of the Bill, which is sponsored by Senator Umar Sadiq Suleiman.
The Bill passed second reading in the Senate on July 21, 2026. It seeks to repeal the Food, Drugs and Related Products Act, 2004, and put in place a new regulatory framework for food, medical and related products.
NECA argued that bringing tobacco products under the proposed law would clash with the National Tobacco Control Act, 2015, the National Tobacco Control Regulations, 2019, and the Standards Organisation of Nigeria Act, 2015.
The association cautioned that the framework could lead to overlapping responsibilities among the National Agency for Food and Drug Administration and Control, the Federal Ministry of Health and Social Welfare, SON and the Nigeria Customs Service.
According to NECA, the outcome could include “multiple product registration requirements, duplicative approvals, conflicting enforcement decisions, additional compliance costs, and uncertainty for legitimate businesses.”
It also raised questions about provisions that would give additional powers over product registration, suspension, seizure, factory operations and enforcement. NECA warned that the proposed ceiling-list mechanism could hand NAFDAC excessive discretion to restrict products without adequate safeguards.
The association therefore urged the National Assembly to exclude tobacco products from the Bill and to strengthen coordination among existing regulators. It also called for safeguards against unilateral regulatory decisions.
The Federal Ministry of Health and Social Welfare also voiced concerns at a public hearing on the Bill. Represented by Dr Adebisi Adegoke, Director of Hospital Services, the ministry cautioned that the proposed amendments could produce regulatory conflicts and overlapping mandates.
The ministry recommended that consideration of the Bill be deferred to allow for further consultations and to ensure consistency with existing regulatory responsibilities.
SON similarly argued that certain provisions of the Bill were in conflict with its enabling Act and could undermine its statutory functions. It called for a comprehensive review, pointing to regulatory overlaps and inadequate stakeholder consultation.
Tobacco industry operators also rejected the proposed changes. They noted that manufacturing, importation, distribution, packaging, health warnings and product standards were already subject to extensive statutory controls.
They warned that parallel approval and enforcement systems could expose compliant businesses to conflicting directives, additional costs and operational disruptions.
The operators stressed that their stance was not opposition to public-health regulation, but concern over additional requirements whose benefits had not been clearly demonstrated.
They added that unpredictable compliance obligations could weaken investor confidence, discourage expansion and undermine Nigeria’s ease-of-doing-business objectives.
NECA maintained that effective regulation required clear institutional responsibilities, predictable compliance requirements, proportionate enforcement and coordination among government agencies.
The association said it was ready to engage lawmakers and other stakeholders to arrive at a balanced framework that protects public health while sustaining regulatory certainty and business confidence.
