How Reps pushed for unbanning of sachet drinks

The National Agency for Food and Drugs Administration and Control (NAFDAC) recently announced the commencement of the enforcement of the ban on the production of beverages in sachets and small bottles in the country. But the House of Representatives swiftly intervened and called for investigation.

Consequently, the House committee on Food, Drugs Administration and Control headed by Hon. Regina Akume (APC, Benue) was mandated to investigate the basis and circumstances surrounding the ban imposed by the regulatory agency.

NAFDAC’s position

NAFDAC had on February 5, at a press conference addressed by its Director General, Prof. Mojisola Aeyeye, titled “Enforcement activities to enforce ban on production of alcoholic beverages in small pack volumes of 200ml and sachets,” said: “The National Agency for Food and Drug Administration and Control (NAFDAC) in January 2022 stopped the registration of alcoholic beverages in sachet and small volume PET and Glass bottles below 200ml. “This decision was based on the recommendation of a high powered committee of the Federal Ministry of Health and NAFDAC on one hand, the Federal Competition and Consumer Protection Commission (FCCPC), and the Industry represented by the Association of Food, Beverages and Tobacco Employers (AFBTE), Distillers and Blenders Association of Nigeria (DIBAN), in December 2018. “As a commitment to the decision reached at the end of this committee meeting, producers of alcohol in sachets and small volume agreed to reduce the production by five per cent with effect from January 31, 2022, while ensuring the product is completely phased out in the country by January 31, 2024. “On the part of the agency, NAFDAC is committed to ensure that the validity of renewal of already registered alcoholic products in the affected category does not exceed the year 2024.”

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According to the NAFDAC boss, those who are mostly at risk of the negative effect of consumption of the banned pack sizes of alcoholic beverages are under-aged and commercial vehicle drivers and riders. She added that the World Health Organization has established that children who drink alcohol are more likely to: use drugs, get bad grades, suffer injury or death, engage in risky sexual activity, make bad decisions and have health problems. “The World Health Organisation also stated that harmful consumption of alcohol is linked to more than 200 health conditions including infectious diseases (tuberculosis and HIV/AIDS) and non-communicable conditions (liver cirrhosis and different types of cancer). It is also associated with social problems such as alcohol addiction and gender-based violence.

“To curb the menace of abuse of alcohol the World Health Organisation recommended some actions and strategies to policy makers that have shown to be effective and cost effective, which includes: regulating the marketing of alcoholic beverages (in particular to younger people), and regulating and restricting the availability of alcohol. “The National Agency for Food and Drug Administration and Control(NAFDAC) was established by Act Cap N1 Laws of the Federation of Nigeria 2014 to regulate and control the manufacture, importation, exportation, advertisement, distribution, sale and use of food, drugs, cosmetics, medical devices, bottled water, detergent and chemicals (referred to as regulated products). “Alcoholic drinks in sachets, PET and Glass bottles are pocket-friendly and can easily be carried around, by the under-aged (including primary and secondary school children) without notice. It is easily affordable and comes handy for commercial bus drivers, keke riders, okada riders, who after taking them constitute a nuisance to the society. “The negative impact of the harmful consumption of alcohol, which is occasioned by its being economical, easily accessible and miniature in nature, prompted NAFDAC to take the bold step of banning it, in order to save our children and to protect the health of the larger society.”

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House resolution

The resolution to investigate the ban by NAFDAC was sequel to the adoption of a motion sponsored by Hon. Paschal Agbodike (APGA, Anambra) and Hon. Philip Agbese (APC, Benue) at the plenary on Wednesday. Leading debate on the motion titled “Need to suspend the ban imposed by NAFDAC on production of beverages in sachet,” Hon. Agbodike noted that section 4(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), empowers the National Assembly to make laws for the order and good government of the federation or any part thereof. He also noted that section 88(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), empowers the National Assembly to conduct investigations into activities of any authority executing or administering laws made by the National Assembly. The lawmaker recalled that NAFDAC had announced its decision to stop the registration of beverages in small sachets and bottles in January 2024, when the Director-General of the agency informed the public that the agency will ensure that the validity of renewal of already registered products will not exceed January 2024.

He expressed deep concerns that the decision to ban the registration of beverages in small sachets and bottles runs contrary to the spirit and letter of the constitution and against the Economic Recovery Plan of the current administration. Agbodike also expressed concern that given the numerous economic challenges confronting poor Nigerians, the ban on the production of the said beverages will wreak more havoc and cause job losses for over 50 per cent of workers in Nigeria. He said the House is aware of the need to encourage the sustainability of Small and Medium Enterprises (SMEs) in Nigeria, hence NAFDAC’s policy to place a ban on the production of beverages in small sachets and bottles will be counterproductive. According to him, the House is also aware that the decision to place a ban on the production of beverages in small sachets and bottles will encourage unscrupulous elements to go about the production of such drinks and products without recourse to NAFDAC. Agbodike added that the ban on registration of beverages in small sachets and bottles will cause hardship on Nigerians whose livelihoods come from the production and sale of such beverages and will, in the long run, plunge more Nigerians into unemployment and economic hardship as well as cause them to suffer more in view of the current subsidy removal regime. In adopting the motion, the House gave the committee four weeks to carry out the investigation and report back for further legislative action.

The report and its adoption

Chairperson of the investigative committee, Hon. Regina Akume laid the report on March 12 and two days after, the report was considered at the Committee of the Whole presided over by the Deputy Speaker, Hon. Benjamin Kalu. Presenting the report, Hon. Akume said after its findings, the committee recommended that “the ban should be lifted because the timing is inappropriate given the fact that the economy is struggling, unemployment rate is staggering and inflation rate is soaring, while the poverty level is on the increase with paucity of forex to do business. “That the ban of sachet alcohol should be replaced with the following prescribed regulations and access control: Establishment of licensed liquor stores/outlets in Local Government Areas across the country; making it unlawful to send under-aged persons to purchase alcoholic beverages; tighten enforcements by law enforcement agencies; Increased monitoring and compliance checks by NAFDAC, FCCPC and others to ensure strict product quality in terms of content and safety. “That producers of sachet alcohol should expose the dangers associated with the abuse of alcohol sachet products by boldly inscribing and enumerating the danger on the packs, as obtained in the case of tobacco. “That government regulatory bodies should place more emphasis on regulation, monitoring and enlightenment campaign to educate stakeholders and the general public on the dangers of under aged consumption of alcohol and its sales in motor parks; “That enlightenment campaign should be carried out in secondary schools across the country, as practice by the National Drug Law Enforcement Agency (NDLEA), to educate students on dangers and vices associated with the abuse of alcohol. “That parents, religious bodies and Non -Governmental Organisation (NGOs) should be tasked to counsel their children or ward, especially the under aged, on the danger of alcohol consumption. “That regulatory mechanisms be strengthened to ensure enforcement and compliance; and encourage legislation promoting recycling materials for the green economy and minimizing importation of raw materials used in producing pet bottles and sachets to conserve foreign exchange.” All the recommendations were voted for and adopted as Hon. Akume submitted that the need to suspend the ban was due to the ill-timing of the ban as people will need to make adjustments and plan financially for adherence to the ban in future. This, she stated, was by exhausting the sale of current stock and switching to the proposed medium of storage. As it stands, Nigerians await NAFDAC’s reaction to the advice from the House of Representatives.