Cancer Institute backs tougher controls as Parliament weighs new rules on nicotine products

Kenya’s Parliament is considering sweeping changes to the country’s tobacco-control laws, with the National Cancer Institute of Kenya urging lawmakers to tighten regulation of electronic cigarettes, nicotine pouches and other emerging products increasingly available to young people.

The institute has backed the Tobacco Control (Amendment) Bill, 2024, sponsored by Nominated Senator Catherine Mumma, but wants Parliament to go further by closing regulatory gaps around newer nicotine products and directing a share of tobacco-related revenues toward cancer prevention, treatment support and research.

The Bill, Senate Bill No. 35 of 2024, has moved from the Senate to the National Assembly, where it was read a first time on March 31 and referred to the Departmental Committee on Health for consideration and reporting to the House. (Parliament of Kenya)

The committee, chaired by Seme MP, James Nyikal, is scheduled to conduct public hearings in five counties from September 24 to 26, giving members of the public an opportunity to submit written and oral views on the proposed changes. (Parliament of Kenya)

The legislation seeks to amend the Tobacco Control Act to regulate electronic nicotine delivery systems, including electronic cigarettes and related products. (Parliament of Kenya)

Against that backdrop, the National Cancer Institute of Kenya has warned that the expansion of novel nicotine products could create a new public-health challenge if regulation does not keep pace with changes in the market.

Before the MPs, Dr. Elias Melly supported the Bill and called for broader provisions covering electronic cigarettes, heated tobacco products, nicotine pouches, dissolvable nicotine products and future nicotine-delivery technologies.

“The emergence of Electronic Nicotine Delivery Systems (ENDS), electronic cigarettes, heated tobacco products, nicotine pouches and other novel nicotine products presents anew public health challenge, Particularly among young People,” Melly says.

The institute argues that the tobacco industry has increasingly diversified its products and that legislation focused only on conventional cigarettes could leave loopholes that allow newer nicotine products to escape effective regulation.

“The tobacco industry continually develops alternative nicotine products to circumvent existing regulations. Broad definitions ensure comprehensive protection against future regulatory gaps,” Melly says.

The proposals come as Parliament prepares to hear competing views from health advocates, businesses and other stakeholders during the public participation process.

The debate is expected to touch on some of the most contentious areas of the proposed legislation, including the regulation of flavoured nicotine products, advertising through digital platforms, youth access, packaging and the sale of products online.

The institute is seeking restrictions on advertising, promotion and sponsorship of tobacco and nicotine products, including social-media advertising, influencer marketing, product placement and event sponsorship.

“Advertising remains a major driver of tobacco initiation among adolescents and young adults,” the memorandum says.

It is also proposing restrictions on flavours that could make tobacco and nicotine products attractive to younger consumers, alongside stronger controls on sales near schools and other learning institutions.

“Children and adolescents are Particularly vulnerable to nicotine addiction,” the institute says.

The proposed legislation is therefore being considered at a time when policymakers are confronting the challenge of regulating products that can be marketed and sold through digital channels as well as conventional retail outlets.

The institute has called for mandatory health warnings and stronger packaging requirements, including plain packaging and pictorial health warnings covering at least 80 per cent of tobacco product packaging.

It has also proposed mandatory age verification for online sales and restrictions on the sale of tobacco and nicotine products within 500 metres of schools and learning institutions.

Beyond restrictions on consumption and marketing, the cancer institute wants Parliament to address the financing of tobacco-control and cancer-prevention programmes.

It is proposing that not less than 30 per cent of revenue generated from tobacco excise taxes, nicotine-product excise taxes, licensing fees, penalties and fines be earmarked for public-health interventions.

The proposed financing would support cancer-prevention programmes, screening, tobacco-cessation services and research.

The institute also wants the establishment of a Tobacco and Nicotine Harm Reduction Fund, with mechanisms for transparent management and annual reporting to Parliament.

The proposals reflect a broader argument that tobacco taxation should not only generate government revenue but also help finance interventions aimed at reducing the health consequences associated with tobacco and nicotine use.

The institute has further called for stronger enforcement against the sale of tobacco products to minors, illegal advertising, smuggling and illicit trade.

“Stronger deterrence is required for effective compliance,” it says.

The Bill now faces the scrutiny of the National Assembly Health Committee as Parliament seeks views from the public before proceeding with its consideration.

The committee’s public hearings are part of the constitutional requirement for public participation in legislation. Parliament has invited members of the public, organisations and other stakeholders to submit written memoranda and oral views on the Bill. (Parliament of Kenya)

For the National Cancer Institute, the legislative review presents an opportunity to bring regulation of emerging nicotine products within the broader public-health framework.

“The National Cancer Institute of Kenya strongly supports the Tobacco Control (Amendment) Bill, 2024 and commends Parliament for strengthening Kenya’s tobacco control framework,” the memorandum says.

The institute says the proposed measures could reduce tobacco use and its associated health and economic costs.

“These measures will significantly reduce tobacco use, lower cancer incidence, improve population health outcomes and reduce healthcare expenditure,” it says.

As the public hearings begin, the committee will have to consider the health concerns raised by the institute alongside views from businesses, consumers and other stakeholders affected by the proposed changes.

The outcome of that process will determine how far Kenya goes in extending its tobacco-control framework beyond conventional cigarettes to a rapidly changing market of electronic and nicotine products.

The Tobacco Control (Amendment) Bill, 2024 is the first major proposed review of the Tobacco Control Act since its enactment in 2007. The Act established the legal framework for regulating tobacco products, consumption and the tobacco industry in Kenya.