User:Nanjaboy/Nigeria Tobacco Control Bill

 BACKGROUND 

The Nigeria's National Tobacco Control Bill is designed to regulate and control the manufacture, sales, distribution and marketing of tobacco and tobacco products in Nigeria. The bill is designed to save millions of lives especially that of young people through series of coordinated tobacco control policies as adviced in the World Health Organisation (WHO) Framework Convention On Tobacco Control.

Tobacco currently kills 5.4 million people worldwide, about 80% of that casualty will come from developing countries. According to the WHO, if current trend continues, one billion people could die this century. Tobacco is the cause of the largest most preventable cause of death in the world today. The total deaths arising from tobacco related cause is higher than the casualty from HIV/AIDS, accidents and other causes of death. "In 2006, the Lagos [|Lagos State] Government discovered through a survey covering 11 hospitals in the state that two persons die each day from tobacco related disease", Senator Mamora said. Every stick of cigarettes contains over 4,000 dangerous chemicals with about 8 of them carcinogens. Tobacco is the only consumer product that when used according to the manufacturers instructions will kill half of its users.

Tobacco also affects the economy. Due to the delievery of an addictive substance into cigarettes called nicotine, it is often more difficult for poor people to quit smoking and easier to get addicted. The poor also invested money that could have been used to purchase foodstuffs into tobacco. Many things suffer as a resul: education, health, and the environment. And when smokers get sick, the government also pays the healthbill. In Lagos state in 2006, the government paid. On each of the 9257? People who had a smoking related disease.

Stringent laws and monitoring of the tobacco control in developed countries forced the tobacco industry to relocate to developing countries and Asia. In 2001, Nigeria formally played host to the second largest tobacco industry in the world: British American Tobacco which built a $150 million cigarette manufacturing plant in Ibadan and provides job for a paltry 925 people in Nigeria. Governments in developing countries are not prepared to battle the epidemic that tobacco investment in Africa promises. Most times, it is an added burden as the continent battles other diseases. The government lacked the skills and finance to tackle the lobbying and killing machines of the tobacco industry. The tobacco industry know this, the tobacco industry did not care.

In order to effectively tackle this myriad of problems resulting from tobacco use and empower governments especially in developing countries resist the overtures of the tobacco industry, the WHO haqs initiated the first global treaty on tobacco control: The Framework Convention on Tobacco Control (FCTC). The treaty was adopted by the World Health Assembly (WHA) ON 21ST May 2003 and entered into force on 27 February 2005. It is one of the most widely embraced treaty in United Nations history and has 165 parties till date (July 2009).

About 40 African Nations have signed and ratified the FCTC with Nigeria doing same on…. However, the convention requires that parties domesticate the provisions of this treaty by way of enacting a National tobacco control law where such is not in existence or modifying an existing law to align with the provisions of the FCTC. The NTCB 2009, sponsored by Distinguished Senator Olorunnibe Mamora fulfils all the conditions of the FCTC and when passed will repeal the existing Tobacco Smoking Control Act 1990. The bill will therefore completely domesticate the FCTC.

1. It repeals the tobacco (control) Act 1990 CAP. T16 Laws of the Federation: THE BILL COMPLETELY REPEALS THIS ACT IN ORDER TO FULFIL MAJOR CRITERIAL IN THE WORLD HEALTH ORGANISATION FRAMEWORK CONVENTION ON TOBACCO CONTROL (FCTC). MAJOR PROVISIONS OF TOBACCO CONTROL ACT 1990 INCLUDE; BAN ON SMOKING IN SPECIFIC PUBLIC PLACES, REQUIRES HEALTH WARNING- SMOKING IS DANGEROUS TO HEALTH & SMOKERS ARE LIABLE TO DIE YOUNG, REQUIRES THAT TAR AND NICOTINE CONTENTS OF CIGARETTES BE STATED ON PACKS. LAUDABLE AS THESE PROVISIONS ARE, THEY HAVE PROVED GROSSLY INADEQUATE AT TACKLING THE TOBACCO EPIDEMIC IN NIGERIA. THE FCTC AS INITIATED BY THE WHO, PROVIDES A COMPREHENSIVE OVERVIEW OF ALL ISSUES RELATING TO TOBACCO AND SETS PROVISIONS FOR GOVERNMENTS AROUND THE WORLD TO TACKLE THESE PROBLEMS IN ORDER TO STEM THE RISING TIDE OF DEATH AND DESTRUCTION FROM TOBACCO USE. THE NATIONAL TOBACCO CONTROL BILL 2009 IS AN UPGRADE ON THE TOBACCO CONTROL ACT 1990 AND IT IS IN CONSONANCE WITH THE MEASURES STIPULATED BY THE FCTC. HENCE IT REPEALS THE FORMER ACT AND OPERATES AS THE HIGHEST INSTRUMENT FOR TOBACCO CONTROL POLICY IN NIGERIA.

2. Completely domesticates the Framework Convention on Tobacco Control (FCTC): THE W.H.O FRAMEWORK CONVENTION ON TOBACCO CONTROL IS AN EVIDENCE BASED TREATY THAT REAFFIRMS THE RIGHTS OF ALL PEOPLE TO THE HIGHEST STANDARD OF HEALTH. IT WAS DEVELOPED IN RESPONSE TO THE GLOBALIZATION OF THE TOBACCO EPIDEMIC, WHICH HAS SEEN DEVELOPING COUNTRIES BEARING THE DEVASTATING BURDEN OF THE TOBACCO EPIDEMIC DUE TO STRICKTER RESTRICTIONS IN DEVELOPED COUNTRIES. GOVERNMENTS ARE REQUIRED TO SIGN AND RATIFY THESE PROVISIONS AFTER WHICH IT BECOMES A PARTY TO THE CONVENTION. NIGERIA SIGNED ON……. AND RATIFIED ON…….HOWEVER, FOR THIS TREATY TO COME INTO FORCE, EACH GOVERNEMENT IS REQUIRED TO DOMESTICATE THE PROVISONS OF THE TREATY INTO LAW. FOR A COUNTRY THAT ALREADY HAS AN EXISTING SMOKING CONTROL LAW IN PLACE, IT WILL BE REQUIRED TO INCORPORATE THE NEW PROVISIONS OF THE FCTC AND FOR OTHER LIKE NIGERIA, A NEW LAW THAT WILL INCORPORATE ALL THE PROVISIONS OF THE FCTC.SOME OF THE CORE DEMAND REDUCTION PROVISIONS OF THE FCTC ARE CONTAINED IN ARTICLES 6-14:

'''•	PRICE AND TAX MEASURES TO REDUCE THE DEMAND FOR TOBACCO, AND •	NON-PRICE MEASURES TO REDUCE DEMAND FOR TOBACCO, NAMELY;'''


 * 1) PROTECTION FROM EXPOSURE TO TOBACCO SMOKE
 * 2) REGULATION OF THE CONTENTS OF TOBACCO PRODUCTS
 * 3) REGULATION OF THE CONTENT OF TOBACCO PRODUCTS
 * 4) REGULATIONS OF TOBACCO PRODUCT DISCLOSURE
 * 5) PACKAGING  AND LABELLING OF TOBACCO PRODUCTS
 * 6) EDUCATION, COMMUNICATION, TRAINING AND PUBLIC AWARENESS,
 * 7) TOBACCO ADVERTISING, PROMOTION AND SPONSORSHIP; AND,
 * 8) DEMAND REDUCTION MEASURES CONCERNING TOBACCO DEPENDENCE AND CESSATION.

3. It establishes the National Tobacco Control Committee (NATOCC):

THE ESTABLISHMENT OF A NATIONAL TOBACCO CONTROL COMMITTEE IS IN LINE WITH GLOBAL PRACTICE AND IT IS ONEO F THE OBLIGATIONS OF PARTIES IN ORDER TO DOMESTICATE THE FCTC. The committee shall comprise of the Federal Ministry of Health (FMOH), Director of Public Health FMOH, Director of Hospital Services FMOH, National Coordinator Non Communicable Diseases, Nigerian Bar Association, Nigerian Union of Journalists and a representative of relevant Federal Ministries and parastatal. This committee shall oversee the implementation of the provisions of this bill and shall act in a regulatory capacity on all tobacco control issues in Nigeria in accordance with global practice. Each member and or representative of the committee shall have no affliation in any manner with the tobacco industry or its subsidiaries. Any member who fails to disclose his or her affliation to the tobacco industry shall commit an offense and shall be liable to a fine of not exceeding fifty thousand naira or imprisonment not exceeding one year or both. NATOCC shall act in the manner of the United States Food & Drug Administration (FDA) to prescribe the levels of tar, nicotine,a dn such other constituent of tobacco product and their emission to ensure the llevel does  not exceed that as set by the WHO. NATOCC shall also act to prohibit the addition of and use of harmful constituents or ingredients in the production of tobacco products. The committee shall also be given power to ensure that the user of tobacco products is not misled as to the contents, quality, quantity, character, value, composition, effect and safety.

3. The National Tobacco Control Act 2009 will come to force six months from the date of assent: In tradition of all laws, this bill shall come into force, that is the provisions of the bill shall be enforced six months after it has been passed into law by the National Assembly and signed by the Executive. 4. Every packet of tobacco for sale in Nigeria must carry the statement “ Sales allowed only in Nigeria”: This is one of the measures that have been put in place by the FCTC to eliminate illicit trade in tobacco products which includes smuggling, illicit manufacturing. The FCTC stipulates each party to adopt effective legislative, executive, administrative measures to ensure that all unite packets of tobacco products and marked to assist in determining the origin of tobacco products. It shall also help parties to the FCTC to determine in the event of smuggling the point of diversion, monitor, document and control  the movements of tobacco products and their legal status. There fore Article 15 2 (b) requires each packet of cigarette to carry the statement (SALES ALLOWED ONLY IN NIGERIA). Moreover, paragraph 3 specified that each statement must be presented in legible form and /or appear in its principal language or ;languages. Part 11 of the bill subsection 3 conforms to the requirements of the FCTC and also stipulates a fine of not exceeding one million naira, or an imprisonment for term not exceeding 2 years or both. 5. Every tobacco product manufactured in Nigeria for export must bear; Manufactured in Nigeria for Export” This provision will greatly curtail the smuggling of tobacco products in Nigeria. Currently, there is no data on how many cigarettes were exported outside Nigeria making proper taxation of tobacco products manufactured in Nigeria difficult. This will also plug the hole in the loss of revenue for the government. It will help government determine the extent of tobacco consumption in Nigeria. Tobacco smuggling seriously harms public health by undermining tobacco tax policies, reducing average prices for cigarettes and making tax free cigarettes available for young people and adults who otherwise might quit. There have been reports of cigarettes manufactured in Nigeria which have been found in markets in the neighboring West African Countries while taxes have not been paid on them. By making it mandatory to write “ Manufactured for Export” government will be able to put in place appropriate tax policies that will cater for the cigarettes manufactured for consumption in Nigeria and those that aer due for exports.

6. Every packet of cigarette must bear:

7. It prohibits the sale of cigarette to Persons under 18 :
 * Name and license number of the manufacturer/wholesaler/importer/exporter;
 * Serial number, date, location and country of manufacture;
 * Clearly visible “tax” stamp or marking,

Article 16 of the FCTC requires parties to adopt measures to prohibit the sales of tobacco products to persons under the age set by domestic, national or 18 years. In accordance with the FCTC and in order to protect young and underage persons from the dangers of tobacco products, this bill strongly prohibits the sale, marketing or distribution of cigarettes to persons under the age of 18. An identification must be carried by young persons wishing to buy tobacco products which validates the age of such person. Such identification may be International Passport, a National Identity Card issued by the Federal Republic of Nigeria and showing photograph, date of birth and signature of the holder, birth certificate or declaration of age in any competent court of jurisdiction in Nigeria. This section also prohibits parents, legal guardian or any other person acting in such capacity who is responsible for the care and welfare of a minor that is under 18 years to allow that minor to pocess any tobacco products or any other products that can be smoked including smokeless tobacco. However, it shall be a defense to an offense under this section if it is established that the accused person attempted to verify that the young person is at least 18 years of age by asking for and being shown any of the documents of identification specified above. However, any person who contravenes this provision shall be liable to a fine of not exceeding fifty thousand naira, or to a term of imprisonment not exceeding six months or both.

9. Prohibits the sale of cigarette in single sticks:

Recogniozing that one of the ways to make cigarettes available to young people in Nigeria is selling in single sticks, this bill seeks to outlaw the sale of tobacco in single sticks and restrict it to packet sales as obtainable in developed countries. According to internation documents of the tobacco industry forced into public dormain by a court in the United States, British American Tobacco (BAT) was implicated in a survey carried out on behalf of the company which reveals among others that Nigerian youths prefer buying cigarettes in sticks. BAT has also marketed and distributed cigarettes to young people in single sticks in Nigeria. The bill stipulates “ No person shall sell cigarettes except in package containing at least 20 cigarettes,or such other minimum number of cigarettes, not being less than ten, as may be prescribed.” This section will greatly restrict access to cigarettes for young people. Any person who contravenes this law risks a fine of Twenty five thousand naira or imprisonment not exceeding six months.

11. No mail delivery of cigarette to consumers: When cigarettes are delievered to consumers through the mail, it becomes difficult for the government to ensure compliance to the law regarding sale to young people, and advertising by sponsorship and promotion or endorsements.This law prohibits the sale of cigarettes by mail delievery to customer. This is to ensure that no law is contravened in the sale of cigarettes by the tobacco companies. However this section allows for mail delievery between manufacturer and retailers. Any violation of this law attracts a fine of not exceeding fifty thousand naira or imprisonment of not less than six months or both.

12. Stipulates warning labels / health messages to cover at least 50 per cent of the principal display areas:

Large, picture-based health warning labels on tobacco packages are an essential component of a national strategy to reduce tobacco use. Scientific studies have found that prominent health warnings lead to greater awareness of health risks of tobacco use and an increased desire to quit.Studies have also found that warning labels are most effective at communicating the health risks of tobacco use when they contain both pictures and words and are large and in color. Maritius is the only African country that have implemented this provision of the FCTC. Article 11 of the World Health Organization tobacco control treaty, the Framework Convention on Tobacco Control, states that health warnings should cover at least 50 percent of the principal display areas (both the front and back) of the tobacco package, but at a minimum must cover at least 30 percent of the principal display areas. It also requires that the warnings be rotated and recommends the use of pictures or pictograms. Currently, tobacco packs in Nigeria promotes and glamourize smoking. Parties to the treaty have three years to comply with these warning label requirements. At least 17 countries in North and South America, Asia, the South Pacific, Europe and the Middle East have required picture-based health warnings. Canada was the first country to do so in 2001. Result from these countries show a drastic reduction in smoking after they implemented warning labels. The World No Tobacco Day 2009 had pictorial warning on cigarette packs as it theme. This bill stipulates that cigarette package shall also bear such information as the tar and nicotine content of cigarettes and every manufacturer shall provide a leaflet inside the package detailing the harmful effect of tobacco use  and from its emissions. This law carries a fine of one hundred thousand naira or imprisonment for a term not exceeding two years or both.

13. The Health Minister can adjust the format of the health warnings/messages to include pictograms:

The Bill empowers the Minister of Health to change the message and picture format on cigarette packs after twelve months. 14. It prohibits all forms of tobacco advertisement, sponsorships and promotions, endorsements or testimonials, sales promotions:

Each year, the tobacco industry spends billions of dollars around the globe on advertising, sponsorships, and other forms of promotion. Industry documents reveal that the companies have carefully studied the habits, tastes and desires of their potential customers and used that research to develop products and marketing campaigns aimed at them. Studies have shown that youth exposed to tobacco advertising are more likely to smoke and to smoke earlier. When tobacco advertisements directed at young people are released, use of those brands and the overall use of tobacco increases. In Nigeria, cigarettes have been marketed to young people under various guises like, Wild & Wet, ST. Moritz style selection, Loud in Lagos, Experience It and most recently Experience Freshness which was used to promote Pall Mall. Both the World Health Organization and the World Bank recommend that countries prohibit all forms of tobacco advertising and promotion. The WHO Framework Convention on Tobacco Control also requires parties to ban advertising. Section 3 of this bill bans all forms of advertisement, promotion,sponsorship and endorsement of any tobacco product. Nigeria has banned tobacco advertising under the APCON resolution ……..in 2004. However, the Industry continues to market through its Corporate Social Responsibility arm. Comprehensive bans on tobacco advertising, promotions, and sponsorships are very effective at reducing tobacco use, especially among young people. Partial advertising bans, such as restrictions on billboards, only allow tobacco companies to find new ways to market their products. This bill promotes comprehensive ban and stipulates a stiff penalty of three hundred thousand naira or imprisonment not exceeding three years.

15. Prohibits smoking in public places including restaurants and bars, public transportation, schools etc:

The Framework Convention on Tobacco Control imposes a legal obligation on parties to adopt effective smoke-free laws. Standards adopted by the treaty's governing body make it clear that only 100 percent smoke-free laws meet the treaty's requirements. Public health authorities worldwide have concluded that secondhand smoke causes serious diseases and premature death and that there is no safe level of exposure. Secondhand smoke has been proven to cause lung cancer, heart disease, sudden infant death syndrome (SIDS), low birth weight, and serious respiratory conditions. Where it has been implemented Smoke-free laws have proven to be popular with the public and easy to implement and enforce. Studies show these laws quickly improve health and do not harm business. The Federal Capital Territory Abuja was the first city in Nigeria to go smoke free on June 1, 2008. This bill bans smoking in all designated public places and /or places where minors frequent. The importance of tobacco free air cannot be overemphasized especially as the constitution of the Federal Republic of Nigeria and the African Charter on Human And Peoples Rights guarantees the right to clean air of the people. The evidence is clear, there is no safe level of exposure to second-hand tobacco smoke. Many countries have already taken action. I urge all countries that have not yet done so to take this immediate and important step to protect the health of all by passing laws requiring all indoor workplaces and public places to be 100% smoke-free." — Dr. Margaret Chan, Former Director-General, World Health Organization 16, Prohibition of the sale of tobacco products 1,000 meter radius places designated as non –smoking: Mobile tobacco advertising, point of sale  and promotional items branded by tobacco products be prohibited around places designated as smoke free.

17, Empowers government to use litigation to recoup liabilities related to tobacco consumption: Cost recovery litigation against tobacco companies is not in anyway new. Litigation has been used around the world as a tobacco control tool. A prominent example is the cost recovery litigation in the United States of American between 1993 and 1997 which led to the Master Settlement Agreement (MSA). The MSA mandated tobacco companies in the USA to pay about $25A billion dollars over a period of 25 years. This payment represents in part the cost of treatment incurred by the states in treating people who got sick from smoking. The tobacco industry was also mandated to fund a tobacco control programme that would especially target young people. Such programmes are run all over the states in the USA and has helped tp reduce the rate of smoking in the country. But one of the most important fallouts in the tobacco litigation is the tobacco industry was forced to put into public domain all secret documents regarding the manufacture, sales, marketing distribution of tobacco. Through this, the world now have access to classified tobacco industry documents some of which have formed the evidences used in subsequent litigation. Lagos state was the first state to initiate a cost recovery litigation in Nigeria on April 30, 2007. The basis for the suit was a result of a survey that was done a year earlier, which showed that two persons at least die everyday in Lagos public hospitals due to a tobacco related disease. The state also discovered that it spends a total of ……. Treating each of the about …… people who got sick from tobacco. The state instituted the suit claiming $21 billion cost against five tobacco companies, Phillip Morriz, Bri……3……..4…….5. The state also claims that these companies have marketed and addicted young people in the in the state in the last 20 years. Currently there are about fifteen states that have instituted  suits against the tobacco companies in Nigeria, seeking similar reliefs.