NECA, SON, Others Seek Review Of Proposed NAFDAC Bill, Warn Against Regulatory Duplication, Business Disruption

The Nigeria Employers’ Consultative Association (NECA) has rejected provisions of the proposed Food, Medical Products and Related Products (Registration, Etc.) Bill, 2026, which seek to bring tobacco products under an additional regulatory framework

The Association warned that the legislation could create institutional conflicts, duplicate existing regulations and undermine Nigeria’s business environment.

In its formal submission to the Senate Committee on Health, NECA cautioned that the proposed legislation, sponsored by Senator Umar Sadiq Suleiman, could add unnecessary regulatory complexity to an industry already governed by comprehensive laws and multiple regulatory institutions. The Bill, which passed second reading in the Senate on July 21, 2026, seeks to repeal the Food, Drugs and Related Products Act, 2004, and establish a new regulatory framework for food, medical and related products. However, NECA maintains that extending its provisions to tobacco products would conflict with the existing National Tobacco Control Act, 2015, National Tobacco Control Regulations, 2019, and the Standards Organisation of Nigeria Act, 2015. The employers’ association argued that the proposed framework would create overlapping responsibilities among the National Agency for Food and Drug Administration and Control (NAFDAC), the Federal Ministry of Health and Social Welfare, the Standards Organisation of Nigeria (SON), and the Nigeria Customs Service. According to NECA, the consequences would include multiple product registration requirements, duplicative approvals, conflicting enforcement decisions, additional compliance costs, and uncertainty for legitimate businesses. The association maintained that tobacco products constitute a distinct regulatory category and should not be treated as food or medicines under the proposed legislation. It further argued that NAFDAC’s existing statutory mandate does not expressly include tobacco products and that their inclusion in the new Bill would effectively extend the agency’s authority into an area already governed by dedicated legislation. NECA also raised concerns about provisions granting additional powers over product registration, suspension, seizure, factory operations and enforcement, warning that such powers could conflict with existing institutional responsibilities. Of particular concern is the proposed ceiling-list mechanism, which NECA believes could give NAFDAC excessive administrative discretion to restrict products without adequate statutory safeguards and oversight. The association consequently urged the National Assembly to exclude tobacco products from the Bill’s scope, introduce appropriate safeguards against unilateral regulatory decisions, and strengthen coordination among existing regulatory institutions. NECA therefore called for legislative amendments that would preserve these statutory responsibilities while preventing duplication, regulatory uncertainty and unnecessary disruption to legitimate businesses. The employers’ body stressed that a coherent regulatory environment is essential not only for investment and economic growth but also for effective public-health protection and regulatory compliance. While calling for Legislative Review and Regulatory Coordination, NECA urged lawmakers to ensure that the proposed legislation complements, rather than contradicts, Nigeria’s existing tobacco control framework. The Association emphasised that effective regulation should be built on clearly defined institutional responsibilities, predictable compliance requirements, proportional enforcement and coordination among relevant government agencies. NECA expressed its readiness to continue engaging the National Assembly and relevant stakeholders to achieve a balanced legislative outcome that protects public health while sustaining regulatory certainty and business confidence. The Federal Ministry of Health and Social Welfare, NAFDAC’s supervisory ministry, represented by Dr Adebisi Adegoke, mni, Director, Hospital Services, at the public hearing, expressed strong reservations about the proposed amendments.

She highlighted the potential for regulatory conflicts, duplication, and overlapping mandates that do not present the government in a good light. The Ministry recommended deferring consideration of the Bill to allow more consultation among affected stakeholders and full alignment with the Ministry of Health and Social Welfare. The Standards Organisation of Nigeria, SON, aligned with the Health Ministry in its submission at the public hearing.

It noted that some provisions in the Bill conflicted with the SON Act and could interfere with its established statutory responsibilities under the law establishing SON. It aligned with the Ministry of Health in calling for a deferment of the Bill for more holistic work that removes undue complexities and overlaps, pointing out that it was obvious that not enough engagement and consultation were done as part of the process of proposing the Bill amendments. Tobacco industry operators have similarly expressed reservations about the proposed legislation, warning that adding another regulatory layer could complicate compliance rather than improve regulatory effectiveness. Industry stakeholders during a recent public hearing on the proposed bill maintained that tobacco manufacturing, importation, distribution, packaging, health warnings, product standards and related activities are already subject to extensive statutory controls. They argue that creating parallel approval and enforcement structures could expose legitimate manufacturers and importers to conflicting directives, additional administrative costs, operational disruptions and uncertainty over which regulator has final authority. According to the industry’s position, the issue is not resistance to public-health regulation, but the danger of regulatory multiplication without clearly demonstrated public-policy benefits. The operators further contend that unpredictable compliance requirements could undermine investment confidence, discourage business expansion and complicate the Federal Government’s efforts to improve Nigeria’s competitiveness and ease of doing business. They also expressed concern that unnecessary administrative burdens on compliant businesses could divert regulatory attention and resources from more pressing enforcement challenges, including illicit trade and non-compliant operators.