NECA, SON, Others Reject Proposed NAFDAC Bill, Warn Against Regulatory Duplication

NECA, SON, Others Reject Proposed NAFDAC Bill, Warn Against Regulatory Duplication Oluchi Chibuzor The Nigeria Employers’ Consultative Association (NECA) has rejected provisions of the proposed Food, Medical Products and Related Products (Registration, Etc.) Bill, 2026, which seek to bring tobacco products under an additional regulatory framework, warning that the legislation could create institutional conflicts, duplicate existing regulations and undermine Nigeria’s business environment. In its formal submission to the Senate Committee on Health, NECA cautioned that the proposed legislation, sponsored by Senator Umar Sadiq Suleiman, could add unnecessary regulatory complexity to an industry already governed by comprehensive laws and multiple regulatory institutions. The Bill, which passed second reading in the Senate on July 21, 2026, seeks to repeal the Food, Drugs and Related Products Act, 2004, and establish a new regulatory framework for food, medical and related products. However, NECA maintains that extending its provisions to tobacco products would conflict with the existing National Tobacco Control Act, 2015, National Tobacco Control Regulations, 2019, and the Standards Organisation of Nigeria Act, 2015. The employers’ association argued that the proposed framework would create overlapping responsibilities among the National Agency for Food and Drug Administration and Control (NAFDAC), the Federal Ministry of Health and Social Welfare, the Standards Organisation of Nigeria (SON), and the Nigeria Customs Service. According to NECA, the consequences would include multiple product registration requirements, duplicative approvals, conflicting enforcement decisions, additional compliance costs, and uncertainty for legitimate businesses. The association maintained that tobacco products constitute a distinct regulatory category and should not be treated as food or medicines under the proposed legislation. It further argued that NAFDAC’s existing statutory mandate does not expressly include tobacco products and that their inclusion in the new Bill would effectively extend the agency’s authority into an area already governed by dedicated legislation. NECA also raised concerns about provisions granting additional powers over product registration, suspension, seizure, factory operations and enforcement, warning that such powers could conflict with existing institutional responsibilities. Of particular concern is the proposed ceiling-list mechanism, which NECA believes could give NAFDAC excessive administrative discretion to restrict products without adequate statutory safeguards and oversight. The association consequently urged the National Assembly to exclude tobacco products from the Bill’s scope, introduce appropriate safeguards against unilateral regulatory decisions, and strengthen coordination among existing regulatory institutions.