Business
NECA, SON, industry reject NAFDAC bill over regulatory clashes
By Sarah Adewole
The Nigeria Employers’ Consultative Association (NECA), the Standards Organisation of Nigeria (SON) and tobacco industry operators have opposed provisions of the proposed Food, Medical Products and Related Products (Registration, Etc.) Bill, 2026, warning that it could create regulatory conflicts, increase compliance costs and disrupt businesses.
In its submission to the Senate Committee on Health, NECA urged lawmakers to exclude tobacco products from the Bill, sponsored by Senator Umar Sadiq Suleiman.
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.
NECA argued that extending the legislation to tobacco products would conflict with the National Tobacco Control Act, 2015, the National Tobacco Control Regulations, 2019, and the Standards Organisation of Nigeria Act, 2015.
The association warned that the proposed framework could create overlapping responsibilities among the National Agency for Food and Drug Administration and Control (NAFDAC), the Federal Ministry of Health and Social Welfare, SON and the Nigeria Customs Service.
According to NECA, the consequences could include “multiple product registration requirements, duplicative approvals, conflicting enforcement decisions, additional compliance costs, and uncertainty for legitimate businesses.”
It also questioned provisions granting additional powers over product registration, suspension, seizure, factory operations and enforcement, warning that the proposed ceiling-list mechanism could give NAFDAC excessive discretion to restrict products without adequate safeguards.
NECA urged the National Assembly to exclude tobacco products from the Bill and strengthen coordination among existing regulators, while introducing safeguards against unilateral regulatory decisions.
The Federal Ministry of Health and Social Welfare also raised concerns at a public hearing on the Bill. Represented by Dr Adebisi Adegoke, Director of Hospital Services, the ministry warned that the proposed amendments could create regulatory conflicts and overlapping mandates.
It recommended deferring consideration of the Bill to allow further consultations and ensure consistency with existing regulatory responsibilities.
SON similarly argued that some provisions conflicted with its enabling Act and could undermine its statutory functions. It called for a comprehensive review, citing regulatory overlaps and inadequate stakeholder consultation.
Tobacco industry operators also opposed the proposed changes, noting that manufacturing, importation, distribution, packaging, health warnings and product standards were already subject to extensive statutory controls.
They warned that parallel approval and enforcement systems could expose compliant businesses to conflicting directives, additional costs and operational disruptions.
The operators stressed that their position was not opposition to public-health regulation but concern about additional requirements without clearly demonstrated benefits.
They added that unpredictable compliance obligations could weaken investor confidence, discourage expansion and undermine Nigeria’s ease-of-doing-business objectives.
NECA maintained that effective regulation required clear institutional responsibilities, predictable compliance requirements, proportionate enforcement and coordination among government agencies.
The association expressed readiness to engage lawmakers and other stakeholders to achieve a balanced framework that protects public health while sustaining regulatory certainty and business confidence.
