A new report has uncovered serious violations of the Kenya Tobacco Control Act in the introduction, promotion, and continued sale of the highly addictive nicotine pouches in
According to the study, the pouches were introduced in
As per the
However, the report shows the Kenyan market is now littered with nicotine pouches under the brand name "Velo" in utter contempt of the
"The report recommends improved enforcement of bans or regulatory mechanisms by the relevant regulators. It has been noted that there has been a rise in availability of pouches in the market via the brand name Velo which despite non-compliance with the ministry's directive has been found to be sold," the study report indicates
It was produced by the Consumer Information Network, the
The report is the culmination of concerted efforts from the three organisations bolstered by input from the Ministry of Health, the
A key point of the tobacco industry supporting the introduction of nicotine pouches in
However, there is little or no independent research to support these claims by the manufacturers.
However,victims or usershave confirmed variousdocumented health effects such as headaches, nausea, sore mouth, gum irritation and disease, dizziness, increased risk of relapse to tobacco products and nicotine addiction.
"Nicotine as the primary constituent in nicotine pouches has been proven to have various adverse effects on human health. These include increased risk of fatality when suffering from cardio-vascular disease, effects on reproduction, increased cancer risks, impairment of adolescent brains, reduced cognitive ability and increased risk of heart attack among others," said Mr.
The report was produced through in-person interviews with representatives of various stakeholder entities in the tobacco control sector. Also analysed was information from government documents, public notices, media output, documents from tobacco manufacturers such as the BAT, tobacco control published reports, research on nicotine and oral nicotine pouches, case law, existing tobacco control laws at the national level and relevant international conventions and treaties particularly the
It outlines various instances of violation of and interference with the law beginning from and in the introduction of nicotine pouches in 2019.
The Tobacco Control Act, 2007 defines a tobacco product as "a product composed, in whole or in part, of tobacco, including tobacco leaves and any extract of tobacco leaves intended for use by smoking, inhalation, chewing, sniffing or sucking and includes cigarette papers, tubes and filter."
This irregularity was noted in
The company exploited the pandemic to promote sales of its products despite evidence they significantly increase victims' risk of infection, getting severe Covid leading to hospitalization and increased risk of mortality for Covid-19 patients.
"It posed as an entity concerned with society's health while simultaneously pushing products which exacerbate COVID-19 effects and add financial strain to health systems. It is manifest that its actions were motivated at the foremost by profits and marginally by concern for the public well-being. It employed its innovation and resources to ensnare new customers for its products while attempting to sidestep healthpolicy andregulatory mechanisms,"said Thomas Lindi,KETCA's National Coordinator.
The firm approached the
Per the Tobacco Control Act, 2007 (Sec. 12); the cabinet secretary in charge of Finance is mandated to implement tax policies and where appropriate to reduce consumption of harmful products such as nicotine pouches and cigarettes. Additionally, Section 32 of Tobacco Control Regulations, 2014 mandates the cabinet secretary in charge of finance matters or any other public authority not to grant any incentives, privileges, benefits or any other preferential treatment to the tobacco industry to establish or run their business. It was thus proper that the company's request was declined.
The tobacco industry has an ever-present advocacy campaign to lower excise taxes for its products. As noted above it identified nicotine pouches as a healthier alternative to combustible conventional products such as cigarettes hence the basis for lesser taxation.
To undermine regulation, the industry has persistently pushed the unproven, and likely false narrative of these products as less harmful relative to others.
There is need for enhanced laws and regulations (tobacco control laws) to curb loop-holes exploited by the industry to the detriment of the regulators, stakeholders and the public.
"We also advocate for stringent application or amendment of election/political financing laws to curb the influence of the tobacco industry in affecting policy and legislation," said
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