Nigeria: Fast Track the Tobacco Control Bill

DailyTrust: Editorial

Abuja — The Senate's decision to commence public hearing last week on the Nigeria National Tobacco Control (NNTC ) bill, which is aimed at domesticating the Framework Convention on Tobacco Control ( FCTC ) has once again brought to the fore the debate on the societal cost of tobacco production and consumption in Nigeria. Nigeria ratified the FCTC treaty in 2005, but little is being done to regulate tobacco production and consumption in the country.
Sponsored by Senator Olorunnibe Mamora ( AC, Lagos ), the proposed law which is an upgrade of the existing, but defective Tobacco Control Act of 1990 seeks to control the production, sale and use of tobacco products in the country. The bill would also, among other provisions, seeks to regulate the involvement of tobacco companies in corporate social responsibility ( CSR ), a tool many tobacco firms use as part of the arguments to justify their presence in any community. More interesting is the provision which requires tobacco firms to go beyond the written warnings on cigarette packs, to using picture of people harmed by smoking, and this will occupy at least one- third of the pack to warn consumers. Similarly, if the bill is passed, it will be against the law to sell tobacco products within one kilometre of churches, mosques, schools and hospitals.
Indeed, over the years, attempt by pressure groups to convince governments at all levels to take stringent measures against tobacco production and its consumption fell on deaf ears following spirited fight from tobacco firms and other pro-tobacco lobbyists who argued that such actions would lead to the loss of 500,000 jobs across the country. But as the Senate president, David Mark pointed out at the public hearing, "Although the tobacco industry is economically significant, it is only the living that can enjoy the wealth". It is against this background that we support the proposed bill, more so that it is coming at a time when some state governments have taken the initiative to institute legal actions against tobacco companies whose products are alleged to be causing the deaths of many Nigerians and of luring youths into smoking in order to enhance profits margin. Already, the Federal Government and some states like Oyo, Kano, Osun and Gombe are pursuing anti-tobacco cases both at the state and national assemblies.
Though the nation presently lacks a comprehensive data on the deaths caused by tobacco-related illnesses, a research recently conducted by a non-governmental organisation, the Coalition Against Tobacco (CAT) indicated that 280,000 Nigerians died annually as a result of tobacco-induced sicknesses, warning that the number may double in the near future if not checked. Also, in 2006, a research carried out in Lagos revealed that at least two people die daily from tobacco-related diseases; translating to 60 persons losing their lives monthly. These figures exclude passive smokers (who inhale the smoke of others and end up having heart disease, lung cancer and a host of other illnesses).
It is important to note that tobacco smoking and the industry itself is in retreat in developed economies. In fact, in the last two decades, tobacco firms began to relocate their operations to Africa and other under-developed nations due to the stringent regulations introduced in Europe and North America. This is aimed at curtailing the rise in tobacco- induced illnesses, resulting in a number of deaths, especially among youths who constitutes the productive base of any nation. We therefore need to borrow a leaf from the west and regulate the infiltration of tobacco firms into the country under the guise of industrialisation. Though we know it would be a tough decision for the Senators to choose between the economy and the health implication of tobacco, there is need however for the lawmakers to demonstrate courage and show commitment in this direction.
As the nation awaits the passage of the bill, government at all levels must also intensify public enlightenment campaigns on the health implication of tobacco consumption. We also expect the health ministry to carry out a comprehensive research and analysis on the impact of cigarette smoking in order to produce a data that would serve as a reference point in the future when the need arise. This is imperative because it would be foolhardy for the country to always rely on data produced by foreign organisations for our national development.

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Ondo battles Big Tobacco

Damisi Ojo

Ondo State Government has joined the crusade to reduce tobacco-induced illnesses and deaths occasioned by cigarette smoking. The state is on the verge of instituting a legal action against tobacco companies for allegedly luring youths into smoking in order to enhance the companies’ profit margin. Ondo believes smoking habits seriously hamper public health and strain government’s financial base. Already, some states including Oyo, Kano, Osun, Gombe and the Federal Government are pursuing anti-tobacco cases both at the state and national assemblies. A bill to this effect is sponsored at the Senate by Lagos Senator, Olorunnibe Mamora.
A non-governmental organisation, the Coalition Against Tobacco (CAT), at a workshop it organised recently in Akure, the state capital, said the programme was meant to sensitise the citizenry on the ongoing court action against tobacco industries in the state.
A resource person from the State Ministry of Health, Mr. O.O. Akinsote said the World Health Organisation (WHO) statistics showed that about 5.4m people died of tobacco-related diseases in 2006. This makes it one death in every 6.5 seconds. Akinsote also stressed that a survey conducted on 12 government-owned health facilities in Lagos indicated that at least two persons died everyday from tobacco related diseases. According to him, this is more fatal than AIDS branded the "killer disease".
He revealed that a recent annual report of the British-American Tobacco Company (BATC) stated that major profits raked in by tobacco companies came from Nigeria, while over 20 brands of cigarettes were on sale in the country’s open market.
The expert urged the state lawmakers to pass a bill prohibiting tobacco smoking in states like Osun, Oyo, Kano and others. He said the group would soon sponsor a bill at the state parliament apart from the litigation process that would commence soon.
The Former Lagos State Attorney-General and Commissioner for Justice, Prof. Yemi Osibajo had on April 30, 2007 sued five tobacco companies in the country seeking special and anticipatory damages against the tobacco companies.
Akinsote disclosed that Lagos State government spent N216,000 each on two persons that died of tobacco related diseases in its state hospitals while individuals spent an additional N70,000.
Scores of other resource persons on anti-tobacco crusade made presentations at the sensitisation workshop.

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Advocates demand FG probe BATN

Anti Tobacco advocates wants government to probe the British American Tobacco Nigeria (BATN) over alleged targeting of young people during the promotion of PALL MALL cigarette.

By Seun Akioye

There are many questions waiting to be answered by the largest tobacco company Nigeria, British American Tobacco Nigeria (BATN). Is it true that the company is currently engaged in an all night dance party promotional campaign for one of its brands Pall Mall? Is it correct that the campaign is being organised all over the six geo- political zones of Nigeria? Is it also correct that underage people were invited to such parties and free cigarettes were given out? Is it also true that such underage people were mandated to light a cigarette before gaining entrance into the party venue?

For Akinbode Oluwafemi and the organisation he represents Environmental Rights Action/Friends of the Earth (ERA/FOEN) which has been in the forefront of campaigns to regulate the activities of the tobacco giant in Nigeria, the answer to the above questions is in the affirmative. The group had asked the Federal Government in a press release to probe what it calls ‘secret smoking parties’ organised by BATN to promote its Pall Mall cigarette. It also alleged that the campaign was aimed at luring minors into smoking in a bid to make them lifelong smokers.
This will not be the first time the tobacco giants will come under fire from different sections of the society. Last year, four state governments instituted legal actions against the company and four others for luring young Nigerians into smoking thorough deceptive advertising and incomplete information regarding the true nature of its products. The Federal government has since joined the suits bringing the total claims to about N10 trillion. The company has also been linked to the use of child labour on its farms a claim which the industry has refused to deny.
But the latest allegations from ERA/FOEN appear to be very grave indeed. According to Oluwafemi, the company had staged dance parties in Sokoto, Kano, Ilorin, Ibadan and at Gateway Hotel Abeokuta. He said the company had breached its own rules of not marketing to young people. “It is outrageous that BAT is still conducting itself in such irresponsible manner just weeks after a BBC documentary revealed how the corporation has been marketing cigarettes to young people across Africa and how it has used parties and concerts to lure people into smoking” Oluwafemi said.
Over the years, BATN has repeatedly denied marketing cigarette to young people. The company launched its 18+ programme in 2004 which it claimed was aimed at discouraging persons under the age of 18 from smoking. BAT’s regulations also clearly disallows targeting or marketing of cigarettes to minors. A statement of purpose on youth smoking from the company says “We believe that the choice to smoke should only be for informed adults”. Information gathered from the company’s website says in 2007, the company reported “running or supporting 75 youth smoking prevention programmes, more than 60 per cent of them focused on preventing under age access at the point of sale”.
Babatunde Irukera one of the lead lawyers in the litigation disagreed with the position of BAT on informed choice. “How many smokers do you know who pick up the habit as adults. They do only when they are young and cannot make choices. And what is worse is that to remain lifelong smokers the tobacco companies have engineered the ingredients of the product to include nicotine which is an addiction agent. So you pick up the habit when you are young and before you know it you are addicted. That is where the two Ps’ come in. Physiology and Psychology. The psychology is when you are young and you think smoking is cool based on their advertising projections. So they make young impressionable people smokers by PSYCHOLOGY but you keep them in the habit based on Physiology which is the delivery of nicotine that keeps them dependent on it.”
Oluwafemi insisted that the company was never sincere in its fight against youth smoking. “What we have is a company that lies and cannot be trusted. BAT initiated the 18+ campaign and goes on air to say it does not market to young people but it is now organizing dancing competition for the same youths to win free packs of cigarettes it just does not add up.”
He described the latest marketing promotion as appalling “BAT secretly gave out invitations to young people in secondary and tertiary institutions for a secret smoking party. Our investigation reveals that you are mandated to light a stick of cigarette which will be given to you at the entrance. The invitation they gave out did not indicate it is a smoker’s only party and in fact it was termed EXPERIENCE FRESHNESS.”
Nigerian Compass learnt that the concert was attended by minors especially females who were given free entry into the all night event which featured music from prominent Nigerian artists. It was also gathered that cigarettes were freely given out during the rave and free drinks were supplied to the first few guests. Checks also revealed that there were no checks on age limit at the point of entry.
More worrisome however is the fact that BATN did not stop the promotion after it was first reported and last Wednesday the company held another dance party at Option club on Toyin street in Ikeja Lagos, a situation described by the anti tobacco advocates as provocative. Toyosi Onaolapo who is the coordinator of Coalition Against Tobacco (CAT), told Nigerian Compass “If we expect to reason with the tobacco industry we are merely wasting our time, that is why litigation is the only way to force regulations on these companies. It is now quite clear that BAT is unrepentant about marketing to young people in Nigeria and the presence of the company in Nigeria is doing more harm than good.”
Oluwafemi said “BATN has declared a no going back policy on addicting our youths. The company cannot do this in Europe or America but it can break all moral ethics in Nigeria. We demand an end to this sham and asked the Federal Government to investigate this company.”
The World Health Organization (WHO) equally frowns against marketing or targeting of young people by tobacco industry anywhere in the world. Article 13 of the Framework Convention on Tobacco Control which is a global document for regulating tobacco use ban advertising, promotion and sponsorship of any kind of tobacco products. There are however more grim statistics from the global health body. If the tobacco industry continues to market to young people and addict more smokers, “a lifetime of tobacco use would result in the deaths of 250 million children and young people alive today, most of them from developing countries.”
BATN has been elusive since the story broke. Efforts by the Nigerian Compass to get the company to speak on the issue have proved abortive. BATN communications manager Aliyu Maa’ji did not respond either to email inquiries or reply voice messages. But sources close to the company insisted that the company has not in any way breached its own rules and is committed to preventing young people from smoking.