In October 2020, then Health Cabinet Secretary Mutahi Kagwe declared the British American Tobacco (BAT) nicotine pouches commonly known as Lyft illegal, one year after it was introduced into the local market.
Mr Kagwe banned the addictive nicotine substance and ordered its deregistration after it was established that they were licensed and registered illegally by the Pharmacy and Poison Board as a pharmaceuticals product.
According to a directive communication to the pharmacy and poisons board, Mr Kagwe noted that licensing of Lyft was done contrary to the provision of section 25 of the pharmacy and poison Act CAP 224, and did not meet the provisions of section 23 of CAP 224 of selling the product to the public as required.
Interestingly, two years later after the ban, other nicotine pouches was reintroduced into the Kenyan market under different brand name.
The similar product known as Velo – Velocity Enhancer and Learning Optimiser – made its way to the Kenya market infiltrating university and college campuses across the country, captivating students with the promise of academic prowess.
Despite the drug being a well-kept secret, the internet has been flooded with videos of young people giving their testimonies and discussing their experiences,after using the addictive drug.
Many users say it makes one high in a very short span, from the time it is placed in the mouth and when it takes effect.
While pouches are marketed as a safer alternative for smoking addicts who want to quit the habit, nicotine is still a highly addictive substance.
A spot check in Nakuru city, depicts how the drug is easily purchased as they are sold over the counter in supermarkets, wine and spirits outlets, bars and clubs.
The modern oral products, which come in the form of nicotine pouches and white in colour, are placed under the lip so that nicotine can be absorbed by the body. A supermarket attendant who spoke on condition of anonymity revealed that the product is available in a variety of strengths 1,2 and 3 and flavours including Berry frost which is more popular, urban vibe and mint nicotine.
She said that the drug is packed in sachets which have 10 pieces retailing as Sh150 and also in a can which contain 20 pieces going for Sh300, revealing that in a day she sells more than 200 pieces.
“The drug is used mostly by university and college students. On Fridays we must stock the product since most of them host house parties and prefer using Velo. For starter strength one is recommended since it’s not strong but you will find that when they purchase they do not ask for assistance and direction,” she said
The popularity of products sold under the Velo brand has been on the rise, according to BAT.
Nevertheless, concerns remain regarding the adequacy of health risk disclosures on their packaging, which, according to the law, should include warning messages in both English and Kiswahili languages.
So big is the problem thus far that members of the National Assembly Wednesday took to task Health Cabinet Secretary Susan Nakhumicha when she appeared on the floor of the House to answer questions.
Led by Nominated MP Sabina Chege, they told Ms Nakhumicha to address the House on the pharmaceutical composition of Velo, particularly their addictive nature and its side effects.
The MP went on asking Ms Nakhumicha to outline the regulatory mechanism that Ministry of Health has put in place to restrict access to the sale of the drug to minors as it is freely sold in the local market.
Ms Chege further requested the CS to clarify whether the addictive drug has sneaked back to the market as a rebrand of Lyft despite being recalled from the Kenyan market in 2020 by the ministry.
In her submissions, Ms Nakhumicha noted that Velo, which is a brand name for BAT nicotine pouches was introduced in the market as a non-pharmaceutical substance but a nicotine substance that is composed of organic nicotine derived from tobacco leaves.
She confirmed to the house that Velo is a rebrand of BAT’s Lyft, which was recalled from the market following the directive of her predecessor, hitting the market in June 2022 following a moratorium that was issued in June 2022.
According to Ms Nakhumicha , the Lyft drug was not banned but its registration and regulatory were changed from pharmacy and poison Act Cap 244 and was regulated under tobacco act of 2007.
“The ministry in collaboration with other ministries and state agencies are in process of reviewing the legislation and regulation frameworks to address the new and emerging tobacco product. This will include the development of legislation and administrative instruments for the regulatory and disclosure of content to government and the public,” she submitted.
However, according to Ms Nakhumicha , Velo is imported from Hungary and distributed in the country by BAT Kenya Ltd.
“BAT Kenya PLC is licensed as a tobacco product Manufacturer in Kenya and has sought to manufacture nicotine pouches in Kenya but this has not yet started. No local manufacturer of nicotine pouches exists in Kenya therefore all nicotine pouches are imported,” the CS said.
The nominated MP asked the ministry to reconsider the decision and ban the use of Velo until it is investigated to save young people. Her sentiments were echoed by nominated MP Irene Mayaka who described the effects of Velo as unbelievable.
Ms Mayaka raised concerns that Velo nicotine pouches, known for their severe adverse effects, are readily available in most retail stores, potentially targeting school-going children.
She stated that the type of velo that is sold in the county is different from the one sold in other countries noting that the one in the Kenyan market has a higher level of addiction.
"I can tell you from the experience just to understand how it works, for five minutes velo takes you to heaven and quickly brings you back to Earth. If you walk to a petrol station, you can buy it, and they don't even ask for an Identification Card," she said.
Navakholo MP Emanuel Wangwe questioned if the Ministry of Health works with other departments particularly the Kenya Bureau of Standards (KEBS) noting that the packaging bears the Kenya Bureau of Standards stamp.
The MP suggested the removal of the drugs from the shelves to shield children from accessing it,noting that the longer they remain available in Kenyan markets, the more adverse effects they will cause among the youth.
“Some of these things that we are discussing on the floor of the house yet we know are harmful. We should not even be dealing with whether it is coming from BAT or wherever channel. We should invite them or by the committee of health so that we know what we are dealing with. We need to be even disciplining BAT because it is harming our children. If you look at the way that drug is packaged, it is to hoodwink the young ones. It has nothing to do with adults," added Thika MP Alice Ng’ang’a.
While responding to the submissions, the Health CS said the Ministry has already put in place regulatory mechanisms to restrict the sale of Velo which she said is regulated as a tobacco product under the Tobacco Control Act 2007.
She said that the ministry relies on the Tobacco Act of 20007 saying that they have set up a technical team which is working to review the Act and will hand over the recommendations to the house.
“If Madam Speaker was to make a declaration that Velo be removed from the market as a ministry of health we will be happy because we shall have saved the life of many Kenyans.We are all relying on the Tobacco Act of 2007,” said the CS
