Table 2.
Comparative Analysis of the National Tobacco Control Act (NTCA 2015) With the Framework Convention on Tobacco Control (FCTC)
| WHO FCTC provision | Strength/weakness | NTCA 2015 |
|---|---|---|
| Article 5: general obligations | Strength | -A multisectoral National Tobacco Control Committee (NATOCC) established led by the FMoH -Transparency of any meeting between government and the tobacco industry Prohibited -Voluntary contributions from the tobacco industry to government bodies and politicians, including campaign contributions -Public office holders working for the tobacco industry 24 months after leaving office |
| Weakness | Manufacturers Association of Nigeria (MAN) is a member of NATOCC | |
| Article 8: protection from exposure to secondhand smoke | Strength | 100% smoking banned in indoor workplaces, public transport, indoor public places, and residential houses co-occupied by persons under 18 years |
| Weakness | DSAs allowed in hospitality industry (like cafeteria and restaurants), tertiary educational institutions, workplaces, entertainment venues, all transport avenues, ie, airports, seaports, railway stations | |
| Article 9: regulation of the contents of tobacco products | Strength | SON may prescribe regulations on the contents and emissions of tobacco products |
| Weakness | SON not carrying out any independent product testing of tobacco products | |
| Article 10: regulation of tobacco products disclosures | Strength | Tobacco manufacturers to submit information on product constituents and emission content |
| Weakness | -The Minister of Health may NOT make the information from this report accessible to the public -Manufacturers only required to provide descriptive/qualitative information on constituents and emissions on the unit and outside packaging of tobacco product |
|
| Article 11: packaging and labeling of tobacco products | Strength | -HWL to be textual and graphic covering at least 50% of the total surface area of the package -24-month rotation period for each set of health warnings -Prohibits manufacturers from using the descriptive terms such as low tar, ultra-light or mild, extra, ultra, and other terms that are likely to mislead consumers |
| Weakness | -HWL text to be in English language only -POS warning not stipulated |
|
| Article 12: education, communication, training, and public awareness | Strength | Government to collaborate with civil society organizations (CSOs) to educate the public. Tobacco industry excluded from any such educational programs |
| Weakness | No details on the sources of funding and budget for education, communication, training and public awareness activities and how they would be coordinated between CSOs and government | |
| Article 13: advertising, promotion, and sponsorship | Strength | Comprehensive ban on tobacco advertisement, promotion, and sponsorship of events and includes ban on corporate social responsibility of any kind |
| Weakness | Excludes communication between manufacturers and retailers and any consenting person above 18 years from the ban | |
| Article 14: demand reduction measures concerning tobacco dependence and cessation | Strength | Smoking prevention programs stated as one of the duties of NATOCC; no details provided about such programs |
| Weakness | No details on how NATOCC is to carry its duties bothering on smoking prevention and cessation programs | |
| Article 16: sales to and by minors | Strength | Ban on -Sales to and by minors (age 18), -Any article resembling tobacco products, -Sales through mails, vending machines, the Internet or other online devices -Cigarettes to be sold in packs of a minimum of 20 sticks and smokeless tobacco products only in packs of 30 g |
| Weakness | — | |
| Miscellaneous | Strength | Authorized the Minister of Health to make additional regulations to fulfill the objectives of the law |
| Weakness | Requires approval of both houses of the National Assembly for any regulations made by the minister |
DSAs= designated smoking areas; FMoH = Federal Ministry of Health; HWL = health warning label; POS = point of sale; SON = Standards Organisation of Nigeria.