There are clear pointers to the resurgence of illicit trading in tobacco. For stakeholders, the resurgence represents a major setback given the huge successes recorded in reducing the volume of illicit cigarettes to less than 20 percent in Nigeria in the last few decades, through multilateral collaboration and consistent clampdown on the trade by regulatory bodies. Prior to this period, the average volume of illicit cigarettes smuggled into the Nigerian market averaged 80 percent of the product consumed in the country. However, the success recorded in stemming the trade is being rolled back as flavoured cigarettes flood the Nigerian market.
The sale and spread of flavoured cigarettes is, no doubt, an alarming dimension to the problem. They are outlawed in Nigeria and declared as contraband by the Standards Organisation of Nigeria (SON). Flavoured cigarettes give off a pleasant aroma when lit and have a strong appeal, especially for children, and may seem a safer alternative to conventional cigarette. However, the flavouring masks the pungent taste of the tobacco, which is manufactured in flavours such as strawberry, vanilla, orange, cherry, chocolate, etc. that are particularly attractive to the target demographic. For this reason, the health consequences for the youth and children can be very grave.
In different parts of the world, concerted efforts have been made through new regulatory provisions to discourage underage people from smoking. In the United States, for example, as part of a national effort to reduce smoking in the country, on September 22, 2009, the United States Food and Drug Administration (FDA) placed a ban on cigarettes containing certain flavours. The ban was authorised by the Family Smoking Prevention and Tobacco Control Act (FSPTCA).
This special rule for cigarettes prohibits cigarettes or any of its component parts (including the tobacco, filter, or paper) from containing, as a constituent (including a smoke constituent) or additive, an artificial or natural flavour or a herb or spice, which is attractive to children.
FDA’s ban on certain flavoured cigarettes highlights the importance of reducing the number of children who start to smoke and who become addicted to dangerous tobacco products and should serve as a model for other countries where this menace is prevalent.
It is important to note that flavoured cigarettes are clearly outlawed via Nigeria’s National Tobacco Control Act (TCA). It is clearly outlined in Sections E and G of Part 1 of the TCA. Some of the major objectives of the Act include “discouraging smoking initiation” and ensuring that “tobacco or tobacco products are not designed in any way that make them more addictive, especially to persons who are below 18 years of age.” However, implementation of this regulatory provision is yet to gain weight.
Despite an alert by SON to the general public on the proliferation of the variants, sometime last year, importers of the brand have continued to trade the products. Quite worrisome is the extent to which some unscrupulous importers are willing to go in misleading SON and the general public by circumventing the law in a bid to hide the fact that their products are flavoured.
In the past, these importers had breached this provision through devious means by not properly declaring the products for which license is procured; for instance, by using a licence for a non-flavoured brand to import a flavoured product. SON has repeatedly confirmed that the constituents of these brands of cigarettes are not in conformity with the regulatory requirements.
The danger of flavoured cigarettes becomes clearer when viewed through the prism of illicit trade in cigarettes. Like illicit trade in conventional cigarettes, flavoured cigarettes are not licensed by regulatory authority and are usually trafficked illegally. The cigarettes have either been smuggled, counterfeited or have evaded duties after being legitimately manufactured in another country. They are priced much cheaper than approved cigarettes, and are not subjected to stringent regulation in the form of health warnings, product checks, or age verification before purchase. The greatest consequence is the fact that it robs government of its much-needed revenue as importers of flavoured cigarettes usually evade taxes.
Moreover, compliance with prevailing industrial hygiene and safety standards is usually low. It is also important to note that proceeds from illicit trade in tobacco are used by criminal organisations to fund criminal activities such as global terrorism, human trafficking and money laundering. A 2012 Global Agenda Council of the World Economic Forum further affirmed that “illicit trade is a big source of revenue for transnational criminal networks.”
Nigeria is losing grip on the battle against illicit trade in tobacco products as its porous land borders, poor intelligence network and corruption of due process have conspired to strengthen the sale of such tobacco products.
The problem requires concerted efforts by government, civil society groups and the private sector to tackle. There is a need for greater collaboration between agencies and stakeholders in the law enforcement business, which include the Nigerian Customs Service, the Nigerian Police, the Standards Organisation of Nigeria (SON), and the Consumer Protection Council (CPC), in ensuring that smugglers and dealers trading banned tobacco products do not compromise health standards. Lately, there has been a noticeable relaxation of the strategy adopted by a special task force set up by SON and CPC in the past, which includes constant raids on dealers in illicit tobacco products in some parts of the country as well as distribution of flyers with visuals for semi-literate and literate consumers for public enlightenment on flavoured cigarettes. No doubt, through this approach huge mileage was gained in curbing the proliferation and consumption of the product as it served as a deterrent to other offenders.
The increasing call for the implementation of the NTCA 2015 should not be limited to only the restriction of public smoking, but should also take into consideration this critical element of the regulation, which protects children from the allure of cigarettes.
- Nwadike sent this piece from Lagos.
