All you need to know about the new tobacco law

The Senate is in the process of amending the Tobacco Control Act, Cap. 245A in efforts to curb the rampant use of nicotine products; particularly among the youth and minors.

To protect youths from the harmful health effects of tobacco, the Tobacco Control (Amendment) Bill, 2024 (Senate Bills No. 35 of 2024) is intended to regulate the increasing use of electronic nicotine products, synthetic nicotine and nicotine pouches.

This will be achieved through prohibiting sale of nicotine products to minors, restricting the use of sweet flavours in the products and regulating their marketing and advertisement, especially online.

The term “smoking” will now be defined as ‘inhalation of products other than tobacco to include inhalation of synthetic nicotine, whether by electronic means or ignition,” read documents tabled at the Senate Health Committee.

The Bill also amends the definition of the word “tobacco product” to include synthetic nicotine.

The law seeks to regulate the production, advertisement, sale, and smoking of nicotine products, including nicotine pouches and electronic nicotine products such as vapes, hookahs, shisha as well as standardisation of safe products

Children

To protect children, it will now be illegal to manufacture or sell objects that resemble tobacco products, which would reasonably appeal to persons below 18 years such as popular youth motifs, toys, cartoon characters, snacks and sweets.

Nicotine pouches should be child and tamper-proof and can be used without spilling their contents; while vapes and refill containers are child and tamper-proof, protected against breakage and leakage and have a mechanism that ensures refilling without leakage.

The Bill also disallows provision of free samples for nicotine pouches, vapes or related products.

Social media

The new law prohibits advertising, sale offers or selling tobacco products in any digital platform including social media websites, video-sharing platforms or other online content platforms.

It is also illegal to use brand ambassadors, influencers or similar entities to advertise or promote tobacco products.

The punishment for offenders will be a jail term of not more than three years.

The Bill makes it illegal to sell tobacco products through hawking andmobile vending, with offenders facing a fine of not more than Sh50,000 or a jail term for at least more than six months or both.

Those who will break the law regarding children and social media advertising will be liable to at least three years’ imprisonment or a fine of up to Sh500,000 or both.

Licensing

It will be mandatory for manufacturers, distributors, sellers or any other dealers in tobacco products to obtain a licence from respective county executive health committee members.

Licensed persons will be required to deal only with licensed tobacco products and operate from licensed properties.

Offenders will be liable to at least Sh100,000 fine, not more than one year jail term or both.

Manufacturing, importing, distributing, storing, selling or any dealing with a tobacco product without the Health Cabinet secretary’s approval will attract a fine of at least Sh1 million or five per cent of the person’s gross turnover, whichever is higher or imprisonment for not more than two years, or both fine and imprisonment.

Packaging

Every packet containing vapes, nicotine pouch, or refill container should include a leaflet providing information on instructions for storage and use of the product, a statement that the product is not recommended for use by young people and non-smokers, contra-indications, warnings for specific risk groups, possible adverse effects, addictiveness and toxicity, manufacturer or importer contact details and a legal or natural contact person within Kenya.

Warnings

Sellers of vapes, nicotine pouches and e-cigarettes are required by law to display clear warning it is illegal to sell and use tobacco products by persons aged below 18 years, warning on specific health risks linked to the use of tobacco products, including potential risks from additives or other unique e-liquid constituents, statement that the products contain nicotine highlighting the dangers of nicotine addiction and potential for overdose, especially high concentration in e-liquids, a specific warning that the use of the products is not a safe alternative to traditional tobacco products and still poses health risk.

Additives

It will be illegal to supply tobacco products containing vitamins or other additives that create the impression that a tobacco product has a health benefit or presents reduced health risks.

It will also be illegal to supply nicotine products containing caffeine, additives or stimulants associated with energy or vitality, additives with colouring effects on emissions, additives that facilitate inhalation or nicotine uptake, additives which increase the toxicity or addictiveness of the product and additives that result in a characterising flavour.

It is illegal to smoke here

Once enacted it will be illegal to smoke in institutions of basic education and training, children’s’ homes, child care facilities and children’s playgrounds, residential houses and such other premises where children are cared for.

Worship places, hospitals, clinics and other health institutions, public service vehicles, passenger vehicles, school buses and vans, commercial passenger aircrafts, commuter boats and ferries and police cells are not smoking zones.

Except in designated smoking areas, the Bill prohibits smoking in offices and workplaces, including lounges, corridors, eating areas, reception, lifts, escalators, foyers, stairwells, toilets, laundries and amenity areas of such places.

It is illegal to smoke in court buildings, factories, cinema halls, theatres, video houses, performance venues, disco halls or any other entertainment facilities open to the public. Other no smoking zones are hotels, bars, eateries, prisons, police stations, aircrafts, passenger ships or any other public conveyance, education facilities other than institutions of basic education and training, railway stations, airports, air fields, ports and other public transport terminals.

Markets, shopping malls, retail and wholesale establishments, stadiums, sports facilities, recreational facilities and public buildings are also not smoking zones.

Last week, tobacco stakeholders submitted their views on the amendments of the Bill.

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