By Joseph Magero
Kenya is on the brink of a pivotal decision in its tobacco control journey. The Tobacco Control (Amendment) Bill 2024, now under review by the Senate, is poised to introduce long-overdue regulation of new nicotine products, specifically nicotine pouches, e-cigarettes, and other smokeless alternatives that have until now existed in legal limbo.
This legislation arrives at a critical time. With over 12,000 Kenyans dying annually from smoking-related illnesses, the need for pragmatic, science-based policies has never been greater. The introduction of a regulatory framework for smoke-free products could mark a step forward, but the current direction raises serious concerns.
One of the most problematic provisions is the requirement that nicotine pouches and vapes carry graphic health warnings akin to those on cigarette packs. While well-intended, this approach risks conflating products with vastly different risk profiles. A growing body of global evidence confirms that non-combustible nicotine alternatives are significantly less harmful than traditional cigarettes. Equating them visually through warning labels could confuse the public and deter adult smokers from switching to potentially life-saving alternatives.
Even more worrying are the early indications that the Senate Health Committee may back measures to restrict nicotine levels and limit flavors. Such provisions, though often justified under the guise of protecting youth, could stifle harm reduction efforts. We must ask: who benefits when adult smokers are denied access to products that offer a safer path away from combustible tobacco?
Regulation is welcome and necessary, but it must be smart regulation. Kenya must avoid repeating the mistakes seen elsewhere, where heavy-handed or misinformed policy has pushed consumers back to smoking or into illicit markets.
As this Bill moves through the Senate, I urge lawmakers to focus on proportionality, science, and the lived realities of Kenyan smokers. We have an opportunity not just to regulate, but to save lives.
Let’s not waste it.
