Traders in Nyeri County have asked the Senate not to pass a proposal seeking to ban flavours in nicotine products such as vapes and pouches, saying that doing so will only enhance illicit trade of those products which will lead to loss of revenue for businesses and the Government. 

Contained in the Tobacco Control (amendment) Bill currently before the Senate, the proposal seeks to ban production and supply of products containing flavoured additives. 

“A person shall not produce or supply tobacco products containing additives which result in a characterising flavour,” reads section 14 (j) (f) of the Bill. According to an explanatory note on the Bill shared by the Senate, this provision seeks to protect minors by ensuring that nicotine products such as vapes and pouches will not be attractive to them as they will be prohibited from having sweet flavours.

However, according to the traders in Nyeri, this provision will be counterproductive arguing that it will lead to a proliferation of the flavoured products in the black market which would lead to loss of revenue to their businesses and by extension to the Government. 

They also argue that the move will be negate to the Bill’s intention of protecting minors from accessing the said flavoured products, saying that minors could access these products in the black market where no regulation exists. 

“While we appreciate that the sponsor of the Bill – and indeed the Senate – is keen to establish measures that will safeguard against the sale of these products to the underage, we are concerned that its proposal to ban flavours will only open up the sale of the products through the black market thereby denying us business and at the same time denying the Government, and by extension the country, the much-needed revenue which KRA would collect from legitimate businesses.  

“If the Bill passes in its current form and proceeds to ban flavours of vapes and pouches, it will not stop people who consume those products from accessing them. In fact, all it will have succeeded to do is to open the underworld for illegitimate traders to sell unregulated products in the black market – meaning anyone, including children – could assess them. This will be gravely counterproductive to the very objectives that this Bill seeks to achieve,” said the traders. 

The traders are now asking Senators to reconsider the proposal once sittings resume towards the end of this month when it resumes from recess.

“We call upon the Senate to reconsider this provision when the Bill comes up for further engagement on the floor of the house and particularly urge our Senator to lead from the front in protecting small business owners like us to ensure that we do not lose our livelihoods to the black market,” they said. 

Contributing to the debate on the Bill in the Senate, Narok County Senator Olekina Ledama – who is a member of the Senate Health Committee to whom the Bill was committed, said he found no issues with having flavours in the products, saying such a provision would not stop people from using the products. 

“For me I looked at it in two ways. Whether you are a smoker or not, whether we can tell from 20 metres that you are a smoker, I did not see any problem with having flavours because you would still smoke. So, the issue here that we all must consider, sit down and deliberate on is whether or not to allow this issue of flavours,” he said.