Changes to the Kenya Tobacco Control Act aim to restrict access to new nicotine and tobacco products for Generation Z. Officials from the Ministry of Health are discussing these updates in Naivasha, focusing on products like nicotine pouches, vapes, and e-cigarettes.
Current evidence shows that these products contain cancer-causing chemicals and pose other health risks, yet they are not fully addressed by the existing Act. Dr. Andrew Toro, head of the division of drug and substance abuse control at the ministry, noted that the Tobacco Control Act, enacted in 2007, was established when many nicotine products were rare.
“We plan to propose amendments through an omnibus bill coming to Parliament soon,” Dr. Toro said. “The current Act does not account for many of today’s electronic nicotine and non-nicotine delivery systems. We need to broaden its scope.”
The proposed changes include requiring graphic health warnings on these products and imposing severe restrictions on their sale to safeguard young people. Dr. Toro spoke in Nairobi during the launch of a report by the National Taxpayers Association, a local non-profit, on new-generation tobacco and nicotine product consumption in Kenya.
Experts indicate that while nicotine pouches may have fewer harmful chemicals than smokeable tobacco, they still contain cancer-causing substances and can cause side effects such as nausea, hiccups, and mouth irritation.
The NTA report, titled ‘Landscape of New-Generation Tobacco and Nicotine Products Consumption in Kenya,’ revealed that individuals under 35 are the primary users of these products.
Based on data from the 2022 Statista Consumer Insights Survey, the report suggests that Kenya is just beginning to experience the adverse effects of nicotine products. “Many users have reported increasing addiction levels and cases of hypertension linked to the consumption of electronic nicotine and non-nicotine delivery substances,” the report states.
“Tighter regulations are necessary to manage consumption levels,” the report states. It highlights that Kenya’s nicotine market is flooded with illegal products and advocates for stricter taxation.
“Empowering the tax authority to combat illicit products is essential. This, along with targeted cessation support and public health awareness campaigns, will strengthen tobacco control policies and help curb the use of electronic nicotine and non-nicotine delivery systems,” the report emphasizes.
Irene Otieno, Executive Director of the National Taxpayers Association (NTA), argued that the government should not impose a 2.7 percent tax through the proposed social health authority if it increases taxes on tobacco and nicotine products.
“We should not tax products that cause chronic diseases. We already spend significant amounts addressing their effects,” she said.
Thomas Lindi, National Coordinator of the Kenya Tobacco Control and Health Promotion Alliance, urged the Ministry of Health to ban these products. “The tobacco industry has been deliberately targeting Generation Z. We need to either ban nicotine products entirely or implement very stringent regulations,” he stated.
Prof. Cyprian Mostert, an economist at Aga Khan University Hospital in Nairobi, criticized Kenya’s low taxes on nicotine products. He pointed out that a nicotine pouch (10 milligrams) costs Sh350, with less than Sh0.02 going towards tax.
“Such minimal taxation is unacceptable, given that modern oral nicotine pouches contain dangerously high nicotine levels and come in flavors appealing to young people,” Mostert said. He is the lead mental health economist at the Brain and Mind Institute of the university.
Mostert added, “The current Kenyan tax does not deter nicotine pouch consumption or prevent young people from starting. Therefore, there is a strong case for reforming the excise tax policy on cigarettes and nicotine products.” He also noted that no independent studies support claims that oral nicotine pouches are safer than combustible cigarettes or aid in smoking cessation.
