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BAT Kenya has raised concern over the Tobacco Control (Amendment) Bill, 2024, warning that it could lead to an annual revenue loss of about Sh12 billion and threaten more than 100,000 livelihoods across the tobacco value chain.
In a submission to the National Assembly, the cigarette manufacturer said the proposed changes could also worsen illicit trade and disrupt legal industry operations.
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The company estimates that nearly 45 per cent of cigarette sales in Kenya already occur in the black market, warning that stricter regulations could further fuel illegal trade.
BAT Kenya Managing Director Crispin Achola said the Bill does not reflect global trends that encourage harm reduction and support adult smokers switching to lower-risk alternatives.
While reaffirming support for public health goals, Achola argued that regulations must be evidence-based and balanced to avoid harming legitimate businesses and encouraging illicit markets.
He cited countries such as the United Kingdom, Sweden, and New Zealand, where regulators have adopted differentiated approaches for alternative nicotine products as part of harm-reduction strategies.
The firm also objected to proposals classifying e-cigarettes and nicotine pouches as tobacco products, saying they have different risk profiles compared to traditional cigarettes.
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BAT further warned that proposed dual licensing requirements—forcing traders to register with the Ministry of Health in addition to existing permits—would raise compliance costs, especially for small retailers.
It also criticised a proposed 100-metre restriction on tobacco sales outlets, calling it impractical in densely populated trading areas.
Other concerns raised include packaging reforms, restrictions on single-use plastics, and expanded plain packaging rules, noting that the sector is still adjusting to recent regulatory changes introduced in June 2025.
The company has urged lawmakers to widen consultations and adopt a more balanced approach that considers both public health priorities and economic impact.
The Bill proposes several strict measures, including a ban on flavoured tobacco and nicotine products, tighter control of e-cigarettes and nicotine pouches, larger graphic health warnings, possible plain packaging rules, limits on sales locations, additional licensing requirements, and restrictions on single-use plastics in packaging.
