Nigeria became a Party to the WHO Framework Convention on Tobacco Control on January 18, 2006.
Smoke Free Places
Smoking is restricted to designated smoking areas in indoor public places and workplaces. Smoking is prohibited on public transport. Smoking is also prohibited in certain outdoor spaces, including: restaurants and bars and any place where food or drink is served or consumed, playgrounds, amusement parks, public parks, and other public gathering places; bus stops, vehicle parks and seaports; within five meters of doorways, windows and air intakes of public places or workplaces; within five meters of queues or public transport stops; on the premises of childcare and educational facilities; on the premises of healthcare facilities; and outdoor stadiums and arenas. To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly. Sub-national jurisdictions may enact smoke free laws that are more stringent than the national law.
Tobacco Advertising, Promotion and Sponsorship
Tobacco advertising and promotion is prohibited except tobacco manufacturers and retailers are permitted to promote and advertise tobacco products to “consenting” adults, which is not defined in the law. There are some restrictions on tobacco sponsorship and the publicity of such sponsorship, which is subject to the same loophole allowing sponsorship aimed at “consenting” adults. To date, implementing regulations that could clarify what a “consenting” adult means have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.
Tobacco Packaging and Labeling
Currently, a text-only health warning occupying 50 percent of the front and pack of all cigarette packaging is required. Misleading terms, descriptors, and other misleading packaging and labeling are not prohibited. Once the packaging and labeling provisions are implemented under the National Tobacco Control Act, 2015, combined picture and text health warnings will be required to be displayed on at least 50 percent of all principal display areas of all tobacco product packaging. The Act will also prohibit misleading packaging and labeling, including terms such as “light” and “low tar” and other signs, such as colors.
Cigarette Contents and Disclosures
The law regulates specified contents of cigarettes, including banning characterizing flavors. The law requires that manufacturers and importers disclose to government authorities information on the contents and emissions of their products.
The law prohibits the sale of tobacco products via the internet, single cigarettes and small packets of cigarettes. The law restricts the sale via vending machines. The sale of tobacco products is prohibited to persons under the age of 18.
The retail sale of e-cigarettes is allowed. There are no restrictions on the use; advertising, promotion and sponsorship; or packaging and labeling of e-cigarettes.
Roadmap to Tobacco Control Legislation
The National Tobacco Control Act, 2015 regulates all aspects of tobacco control including smoke free places, tobacco advertising, promotion, and sponsorship, tobacco packaging and labeling, prevention of tobacco industry interference, tobacco product disclosures, the creation of a National Tobacco Control Committee, tobacco product sales, including prohibiting the sale of single sticks, among other areas. The Act authorizes the Ministry of Health to issue certain regulations. However, the Act also requires such regulations to be approved by both Houses of the National Assembly. As the date of this review, the Ministry of Health has not issued any regulations. However, certain provisions of the Act, such as those regulating tobacco product sales and certain requirements on tobacco advertising, promotion and sponsorship, for example, do not require regulations. The provisions on tobacco product packaging and labeling, which do require regulations, will come into effect 18 months after the date of publication of the regulations in the Gazette. Therefore, NIS 463:2014, which regulates tobacco product packaging and labeling, is still in effect.
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.
Policy Fact Sheets
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