State’s bid to change laws on tobacco sparks debate

Latest attempts by the government to strengthen regulations targeting the tobacco industry have sparked a heated debate between anti-tobacco lobbies and traders.

This comes amid calls to review the Tobacco Control Act, 2007 and the Tobacco Control Regulations, 2014 to accommodate new tobacco-free products that would accord cigarette smokers access to reduced-risk alternatives that would help them quit smoking.

The Ministry of Health has been engaging members of the public and industry stakeholders in Kisumu,Uasin Gishu, Kakamega, Nyeri, Embu, Mombasa and Machakos counties in a bid to collect their views on graphic health warnings that are proposed to be imprinted on cigarette packaging.

Traders have faulted the warnings, claiming that they are meant to kill their businesses. Speaking in Eldoret, Uasin Gishu County, the traders, who include bar operators, proposed different health warnings for different tobacco products.

They said newer, smokeless tobacco products such as nicotine pouches should have different graphic warnings.

Industry players also asserted that the government needs to take into consideration safer alternatives, including products that have been scientifically proven to be less harmful.

“The proposed graphics are too broad and do not take into account the development of smokeless products like nicotine pouches and are not in tandem with World Health Organization guidelines,” Uasin Gishu County Bar and Hotel Traders Association Chairman Holiab Lodenyo told journalists on the sidelines of the forum. He called for the removal of the “ discriminatory” warning signs.

“Smokers too have their rights, which are being violated by scaring them through the use of such graphics,” he stated, noting that certain harmful products do not have such scary warnings.

Tobacco Control and Health Promotion Alliance Chairman Joel Gitari, however, said public health trumped business needs.

“Many youths have become addicted to smoking and tobacco abuse. We cannot allow our future generations to continue perishing in the name of protecting businesses,” said community activist Karen Katenya.

Stiffer penalties

She called for stiffer penalties for violators of the Act, which, she added, should be reviewed and made more effective in order to “save our youths from becoming addicted to smoking.”

During a public participation forum at Athi River National Industrial Training Authority (NITA) in Machakos County on Wednesday this week, British American Tobacco Kenya (BAT) called for the development of regulations based on “scientifically proven evidence” on smokeless nicotine products.

BAT Kenya Managing Director Crispin Achola told Ministry of Health officials that the company isn’t opposed to regulation, but such efforts must be evidence-based.

“We believe that regulations need to be part and parcel of our business. Tobacco regulation can be a very emotive topic. We urge the Ministry of Health to put aside emotions and focus on scientific evidence as they make decisions on the proposed regulations,” Mr Achola said.

“Regarding the draft Graphic Health Warnings (GHWs), our position is that text health warnings on smokeless nicotine products are not appropriate as that equates them to cigarettes. Effective policy should reflect the reduced risk profile of these novel smokeless products,” the BAT boss added.

Tobacco Control Board Chairperson Naomi Shaban stressed the need to develop effective regulations that won’t hurt the tobacco industry but will at the same time protect public health by disseminating knowledge about the risks associated with tobacco use in order to deter initiation into tobacco use, reduce tobacco consumption and persuade tobacco users to quit .

“Let’s focus on how we can reduce tobacco harm for our people. Kenyans’s views will be factored on in making new regulatory policies,” Ms Shaban said.

Kenya Bar Owners Association Secretary-General Boniface Gachoka said at least 54,000 members countrywide stand to benefit from smokeless tobacco products.

His sentiments were echoed by Harm Reduction Society Secretary-General Michael Kariuki , who urged the Ministry of Health to emulate developed countries on how to tackle the health challenges associated with tobacco use by adopting the smokeless nicotine products.

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