All packages containing tobacco and nicotine pouches will now be required to display at least two images indicating the harmful effects of tobacco, if proposed rules are endorsed by lawmakers. 

The announcement came on the same day the government claimed its efforts to control tobacco use are being hindered by powerful cartels that have taken over the sector. 

The new regulations, known as the Graphic Health Warnings for Tobacco Products, if passed by the National Assembly, will require every package containing tobacco products to bear the word “warning” in capital letters.

All text must be in conspicuous and legible 17-point type, unless the text of the label statement occupies more than 70 per cent of the designated area.

In such cases, the text should be smaller but still conspicuous, provided that at least 60 per cent of the area is occupied by the required text. 

The warnings to be included on packages will feature descriptions such as: “tobacco use causes lung cancer”, “smoking harms people next to you”, “tobacco harms your unborn baby”, “tobacco causes heart disease”, “tobacco use causes infertility”, and “tobacco use causes impotence”. 

Package inscriptions 

Additional statements to be inscribed on packages include: “This product is not a safe alternative to cigarettes” (for pouches), “this product can cause mouth cancer”, “tobacco use kills”, “tobacco use is addictive”, “tobacco use can cause gum disease and tooth loss,” and “this product is not a safe alternative to cigarettes”. 

The packaging must also bear black text on a white background or white on a black background, contrasting by typography, layout, or colour with all other printed material on the package. 

Section 21(2) of the 2007 Tobacco Control Act 2007 requires every package containing a tobacco product to have at least two warning labels with the same health messages in both English and Kiswahili.  

These labels must comprise not less than 30 per cent of the total surface area of the front panel and 50 per cent of the total surface area of the rear panel, both located on the lower portion of the package directly underneath the cellophane or other clear wrapping. 

The Graphic Health Warnings for Tobacco Products regulations state: “In exercise of the powers conferred by section 21(4) of the Tobacco Control Act, the Cabinet Secretary for Health prescribes the pictures and pictograms set out in the Schedule, to be the form in which the warning labels required under section 21 of the Act shall appear and this Notice shall come into operation upon expiration of nine months from the date of publication.” 

Health Cabinet Secretary Aden Duale told MPs that tobacco is one of the biggest public health threats in the world today, killing about eight million people globally, including 1.2 million deaths from exposure to secondhand smoke. 

His comments came on the same day he revealed that the government had seized several containers belonging to powerful individuals carrying tobacco products laced with dangerous drugs.  

Duale claimed the government has been unable to effectively deal with the tobacco menace because certain individuals have been using the judicial system to undermine government efforts, despite rising cancer cases due to tobacco abuse. 

He said: “Right now, as I speak to you, there are containers that I have seized and directed they are not released because after engaging the government chemist for forensic audit, we have the narcotic team at the Directorate of Criminal Investigations who have confirmed to me in writing that these substances contain dangerous drugs against what the importer is saying.” 

Health risks 

Duale, who pushed for the passage of the regulations to give effect to the Tobacco Act 2007, expressed concern that some tobacco packages are so enticing that they attract young people to consume tobacco, whose effects are lethal.  

He said the graphics will help increase awareness of the health risks associated with tobacco and nicotine use, deter initiation of tobacco use, reduce consumption, and encourage cessation among users. 

He said: “But that does not stop me, we have public health officers at the point of entry because we have said we will not allow harmful products. 

There are some [products] connected to very powerful people in the country, and there is a lot of unregulated stuff in the name of tobacco. That is why we see many of our young people fall victim, so we are under an obligation to protect the next generation.” 

Misleading labelling 

In his presentation to members of the Committee on Delegated Legislation, Duale explained that the recommendations are contained in the 2007 Tobacco Act 2007, following Kenya’s decision in 2004 to sign the World Health Organisation Framework Convention on Tobacco Control, which required each party to adopt and implement effective measures to prohibit misleading tobacco packaging and labelling. 

Health Director General Patrick Amoth said the ministry is keen on issuing warnings to Kenyans, as tobacco use has been demonstrated as a risk factor for numerous diseases. 

He said: “Tobacco is one of the substances that has been proven to be a risk factor for a number of diseases, including cancer, chronic obstructive pulmonary disease, cardiovascular diseases like hypertension, and chronic renal diseases among others.”