As
the tobacco control debate rages, focus appears to have taken a new turn with
more attention paid to tobacco companies, rather than issues of public health,
Princewill Ekwujuru sampled the opinnions of stakeholders, and concerned
industry watchers.
Presently,
the Federal Executive Council of Nigeria has four new bills proposed on tobacco regulation, which are at various stages of passage in the National
Assembly, and several other bye laws.
However,
given the recent passage and signing of the tobacco law by Lagos State
Government, taking effect from August 17, 2014, there appears to be the
possibility of
replication by various state governments.
The
sector presently is without doubt
heavily regulated. A number of
agencies are currently regulating
industry practices, placing designated bans on smoking places, banning
advertisement in specific places on distributional and dispersal restrictions
like not selling to a given age bracket.
Some
professional organisations and Non Governmental Organisations, NGOs, are bent
on airing their views about the manufacturers. Though there are short supply of
data to show how these laws have impacted the sector, associated industries,
and how it effect public cost.
What
is evident is that the bills clearly show how muddled up the drive to regulate
the sector has been. What is not known to the public and key stakeholders are
the cumulative effects of multiple laws and enforcements which borders on
over-regulation and its inefficient outcomes, and its counter – productive
consequences.
However,
since the 1990s, all forms of tobacco advertisement and promotions have been
banned. Before then, cigarette products advertisements have a public education
component as it must necessarily end with warning on possible health
implications of the product according to the ministry of healths
recommendation.
It
is clear to see that all the bills are merely reinventing the wheel. The sector
is not in a regulatory vacuum. There are existing laws which are being
conformed to by industry players.
Kayode
Igri, a public policy analysis, who works in a policy research organisation in
Lagos, said that in a way, the multiple regulatory actions in the sector
suggest an ultimate intention of frustrating legal tobacco production and
consumption in Nigeria.
The
thinking seems to be that more laws are necessary to appeal to an emotional
base of a growing mammoth. Unfortunately, these multiple processes are waste of
legislative resources in which the taxpayers pay for heavily.
He
also observed that the new bills have no new discovery, but that globally the
tobacco industry is a legal entity, like other social products, alcohol, gaming
and patent medicines, “over-regulation is harmful to the economy, the industry
and the society as a whole.”
In
the case of Nigeria, what can be said is that maybe myriad of bills are based
on an intention to do good. But good intentions are not enough in framing
public policy. Often the outcome is counterproductive. On the industry side,
multiplicity of regulations will distort the market.
Igho
Ayambe, Managing Director, Igho Inter Distribution, said the negative effect of
multiplicity of regulation comes from the multiplicity of regulators and layers
of enforcers and legal responsibilities for the manufacturers. Nigeria needs
not add to opportunity for corruption and bribery which comes from over-regulation.
It
is well known that too much government involvement in any sector generally
leads to black market. Black markets are not ideal and definitely extra-legal.
For products like alcohol, tobacco and prescription based drugs and others,
over-regulation is not rational. He continued.
According
to Ekine Otolori, “the idea behind tobacco regulation is based on the notion
that people do not know what is best for them, whatever will further create
illicit trade around the sector is contrary.
Culled from Vanguard
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