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Tobacco Bill: New Questions over Advertising, Economic Importance [FARS News Agency](FARS News Agency Via Acquire Media NewsEdge) Its controversial status notwithstanding, Tobacco received both knocks and kudos at the hallow chambers of the National Assembly last week. It was on the occasion of the Senate Public Hearing on Tobacco Control Bill. Few months ago, precisely in July, the same issue was debated at the lower chambers of the national assembly by stakeholders. Except for the reduction in crowd at the Senate session, compared to what happened at the House of Representatives in July, the trust of argument at both chambers was almost the same. Among other things, stakeholders, including the tobacco manufacturers; Nigeria Medical Association (NMA), government regulatory agencies, non-governmental organisations (NGOs) and farmers dwelled on health hazard associated with tobacco, its economic importance and the bill's deficiency in the area of branding and advertising. The Senate President, Senator David Mark, who opened the hearing, said the bill sought to protect future generation of Nigerians from the devastating health, social economic and environmental consequences of tobacco use and exposure to tobacco smoke amongst others. Mark, who was represented by the Senate committee chairman on finance, Ahmed Makarfi, said: "the tobacco regulations bill as we all know has been on the floor of the Senate for some time now and anything that has such effect on the public health deserves the right awareness and attention." A fresh angle to the debate, which pointed out the anomalies in the area related to branding and advertising in the bill, was championed by the Intellectual Property Law Association of Nigeria (IPLAN). The association's president, Prof. Bankole Sodipo said the bill places some restrictions on trademark and branding, which may frustrate marketing efforts of tobacco manufacturers, after passage. He said: "Trademarks serve many functions –for example, they help to distinguish products from each other. Anyone, who enters a supermarket seeking to buy a detergent or toothpaste, needs to distinguish what he wants by the brand. The cigarette smokers should not be treated differently or discriminated against, especially as it is not your intention to ban the production of tobacco," To drive home his point, the university don, argued that the bill, in its present form, will promote trade in counterfeit goods, which is counter-productive to the health challenge. Economic considerations The position of the Senate President was not faulted by any of the stakeholders while the debate continued. However, fresh arguments were thrown up, which pointed to the need for government to weigh the issue very well before taken a decision in order not to further plug the economy into crisis. For instance, the Manufacturers Association of Nigeria (MAN) was quick to ask that certain factors be put into consideration in the pursuit of the bill. These factors include putting into consideration the manufacturing capacity of the industry, which, the association said, if eroded will affect the tobacco industry's contribution to the economy. MAN had argued that thousands of rural farmers actively engaged in tobacco cultivation through support by tobacco companies leading to wealth creation, financial empowerment and better standard of living. It also noted that the tobacco industry contributes over N100 billion in revenue to the government through excise duty; taxes and levies; corporate social investments among others. To this end, the association said the current bill will not only contravene trade agreements with other countries, but also will lead to loss of jobs, revenue, and an end to economic and social benefits enjoyed by rural farmers through CSR activities and promotion of smuggling among others. The Oyo State Government, which aligned itself with the argument of the MAN, asked the Senate not to contemplate the prohibition of production of tobacco in the country, pointing out that such measure would not only be counterproductive but its economic effect would be unimaginable. The Director of Public prosecution, Oyo State Ministry of Justice, Mr. Tajudeen Abdul Ganiyu, who spoke for the state at the hearing stressed the need to harmonise the National Tobacco Control Bill 2012(Senate Bill) and 2014(Executive Bill). The Bill is specifically for an Act to repeal the Tobacco (Control) Act 1990 and enact the Tobacco Products Regulation and Control Bill, 2014 to provide for the regulation and control of production, manufacture, sale, advertising, promotion and sponsorship of Tobacco or Tobacco products in Nigeria and for other related matters. Abdul Ganiyu said, We are looking at a situation where by the bill, you put the industry out of business. "Such action will throw the workers working in the industry out of employment. We are going to suffer the immediate result of people being thrown out of jobs as it is going to increase the crime rate in our state. "We are also concerned about the area of partnership between the state government and British America Tobacco Nigeria (BATN)," he said Misconception As a result of the submission of the Oyo State Government and other speakers who expressed their concern over what could be the negative impact of total ban of tobacco, the Chairman, Senate Committee on Health, Senator Ifeanyi Okowa, who chaired the session, saw the need to clear the air over some misconceptions about the bill. He said, the bill was not meant to ban or chase away tobacco manufacturers but to regulate manufacturing, consumption and promotion Okowa said it is not the intention of government to kill the tobacco industry but to regulate its operations in a manner that will enhance healthy living. He said the public hearing was necessary to strengthen the bill and address issues confronting the health system, adding that it was not legislating against total ban on smoking but to restrict and control tobacco smoking. The National Assembly's position did not to go down well with some groups, as many stakeholders, who wanted total ban kicked. The President of the Nigeria Medical Association (NMA), Dr. Kayode Obembe, who was a strong voice against the total ban, dismissed the argument that tobacco has enormous economic importance, insisting that its health hazard should be critically considered. Some other bodies, who came to the forum with data on deaths related to tobacco consumption, also hinged their arguments against total ban on health implications of tobacco. Some of the associations are; a coalition of civil societies; Environmental Rights Action/ Friends of the Earth Nigeria (ERA/FoEN), Civil Society Legislative Advocacy Center (CISLAC), and the National Tobacco Control Alliance (NTCA). According to ERA/FoEN Director, Corporate Accountability, Akinbode Oluwafemi; "The public hearing on the National Tobacco Control Bill is a welcome development and presents another opportunity for our lawmakers in the Senate to side with the people by ensuring that the bill is in tandem with the FCTC, which is the first global health treaty. The Senate must stand firm in the face of growing misinterpretation of the tobacco control bill by agents of the tobacco industry. It must remain vigilant and resist the deceptions and lies of the tobacco industry and those fronting for them," Another organisation, the Association of Public Physician of Nigeria, who spoke through Dr. Rilwan Muhammed, shared the result of the recent Global Adult Tobacco Survey (GATS), which put Nigerian adults currently using tobacco products at 4.7million. He said: The survey also revealed that of adults, who had visited public places in the last thirty days preceeding the survey, almost one out of every three were exposed to second hand smoke in restaurants; one out of every six in government buildings; one out of every twenty in health care facilities. These are all indicators of the weak laws against tobacco in Nigeria," Also, the Executive Director of CISLAC, Aural Rafsanjani said: "The public hearing is coming at a time that the health burden instigated by tobacco products has started assuming alarming proportions. Nothing short of effective regulation of the manufacture, sale and distribution of such lethal products is needed now." Manufactures' position In many ways, the manufacturers of tobacco in the country appeared prepared for the regulation. A few of them, who spoke at the hearing, pointed out various measures being put in place to encourage self-regulation in the industry. For British American Tobacco Nigeria (BATN), a leading manufacturer of tobacco products, what is importance is for the senators and other industry stakeholders to work towards better and balanced regulation of the industry, for the benefit of all. According to the company, this can only be achieved if the bill takes into consideration the views of all stakeholders with the ultimate aim of drafting a bill that is effective and workable. The Director, Corporate and Regulatory Affairs, BAT West Africa, Freddy Messanvi, who spoke the multinational firm, said balanced tobacco legislation will drive the attainment of the aims and objectives of the bill. "Drafting a bill that will not make matters worse but will be workable, based on fact and evidence while achieving the aims for which it was set should be the focus as these bills are now being considered. A legitimate tobacco industry that is well regulated has more benefits than one that is left in the hands of smugglers who are faceless and who have little or no stake in the country." He argued that an overly stringent legislation that hamstrings legitimate producers from operating in the country will only lead to opening up the country to illegal trading of tobacco in the country such as is happening in other countries. Such a scenario, said Messanvi, has dire consequences as the quality of tobacco products will be compromised and there will be a fall in government revenue and increase in the rate of smu (c) 2014 Fars News Agency. All rights reserved Provided by SyndiGate Media Inc. (Syndigate.info). |