BAT, health campaigners clash over new rules

Money Markets

BAT Kenya factory in Nairobi. PHOTO | FILE 

By BRIAN NGUGI, bnjoroge@ke.nationmedia.com

In Summary

• BAT Kenya warned the policy set to be effected on September 26 may incentivise a boom in illicit trade in tobacco products that will hurt the health of Kenyans.
• Health campaigners, however, lashed out at the claims and backed the speedy implementation of the new rules as they would promote “the health of Kenyans”.

Cigarette makers and anti-tobacco campaigners have sharply differed over the effect of stringent tobacco control rules which a multinational manufacturer says will breed parallel trade.

Tobacco giant British American Tobacco (BAT) Kenya warned the policy set to be effected on September 26 may incentivise a boom in illicit trade in tobacco products that will hurt the health of Kenyans.

Anti-tobacco campaigners, however, lashed out at the claims and backed the speedy implementation of the new rules as they would promote “the health of Kenyans”.

BAT area head of legal and external affairs Simukai Munjanganya said while the cigarette maker is not opposed to regulation, an “unbalanced” tobacco policy would go against its intended aims.

“We are not opposed to regulation. We support regulation that is balanced and evidence-based — actually helping to achieve the intended public health objectives.

“Regulation that does not meet this criteria could have unintended consequences such as stimulating illicit trade and harassment of members of the public and traders,” said Mr Munjanganya.

International Institute for Legislative Affairs head Emma Wanyonyi, however, supported the rules.

“We fully support the new regulations and feel they are long overdue bearing in mind that the Tobacco Control Act came into force in 2007 and the Ministry of Health has been attempting to adopt the regulations since then.

READ: Experts say new rules for tobacco industry will not hit sales soon

“The regulations elaborate the provisions of the Act further, so in reality they are not new and the tobacco companies in Kenya should have been expecting them since 2007,” said Ms Wanyonyi adding the graphic warnings would help users to better understand harm tobacco use.

and reduce opportunities for product advertising on the packs. She said this has already happened in Mauritius and South Africa.

But BAT which had earlier led a failed onslaught in the Courts of law against provisions of the regulations maintained its opposition to sections of the law but said it would comply.

“We were disappointed with the ruling of the High Court that failed to revoke some of the regulations. We remain concerned that parts of the regulations are disproportionate, oppressive and contrary to the Kenyan Constitution,” said Mr Munjanganya who foresees more costs in compliance.

“Consequently, we filed a Notice of Appeal against the judgment—the courts are yet to rule on this matter. Notwithstanding our concerns, we are making the necessary arrangements to operate within the regulations.”

On Tuesday the Health ministry began a campaign to publicise the new regulations on the manufacture, buying and selling of cigarettes.The regulations call for standardised packaging displaying graphic health warnings on cigarette packs. They also require wholesalers and traders to put up prominent signage warning of the dangers of tobacco use at points of sale.