BAT uses new products to weaken tobacco control in Kenya

In July 2019, British American Tobacco Kenya (BATK) launched its new product LYFT, tobacco-free nicotine pouches that immediately became a huge success in the country, especially among young people. However, many groups denounce its high addictive potential.

Instrumentalization of the concept of risk reduction

Since its introduction in the Kenyan market in July 2019, BAT’s new products have gained a lot of popularity and interest, especially among the youth. They are easily accessible in supermarkets, local shops and online at a very affordable price and without restrictions for minors.[1]. Many flavors are also offered such as mint, lemon or other fruity flavors. The product is however considered to be highly addictive and can represent a gateway to tobacco products.

On the other hand, BATK is promoting it as a healthier alternative and is calling on the government to facilitate its commercialization. During September 2020, the company said it had opened talks with the Kenya Revenue Authority[2] for its new products to be exempt from excise duties for two to three years. Beyond that, the company is asking to have a lower tax rate than traditional cigarettes, which is considered too "punitive" according to Beverley Spencer-Obatoyinbo, director of BATK.

A new way for tobacco manufacturer BAT in its conversion to a nicotine industry

According to media reports and BAT's social media posts, these nicotine pouches are often promoted in low- and middle-income countries, including Ukraine, Belarus, Kazakhstan, Tanzania and Kenya.[3]-[4] where the laws are more permissive. By expanding its product portfolio, the industry is aggressively expanding its market base among adolescents and young adults and is gradually transforming itself into a nicotine industry. It is offering increasingly hybrid products and asserting that the industry is a player in the solution to smoking. The tobacco company, like other tobacco manufacturers, is banking on this strategy of new products presented as being lower risk to restore its image and return to the decision-making table.

According to anti-smoking experts[5], these products are mainly aimed at young people because of the flavors offered, the sales and promotion methods chosen on social networks. They also emphasize how BAT highlights the stimulating nature of nicotine by indicating on the product, " The Pouch to LYFT your everyday. Welcome to a new world of stimulation. Anytime, Anywhere. Are you in? »[6]. (“The Everyday LYFT Pouch: Welcome to an exciting new world. Anytime, anywhere, are you up for it?”)

Cutting taxes would weaken Kenya's fight against tobacco

The proposed tax exemption, if granted, would constitute a loophole in the country’s current tobacco control program. The 2020 Tobacco Interference Index highlights Kenya’s efforts to enact protective tobacco control legislations and shield against tobacco industry interference.[7]However, the implementation of the measures remains difficult, particularly due to BAT's strong interference in the country's policies.

There Framework Convention provides an internationally coordinated response to combat the tobacco epidemic and sets out specific measures for governments to combat tobacco use. Its Article 5.3 aims to protect strong tobacco control policies from the harmful influence of the tobacco industry. Instructions The implementation of Article 5.3 requires Parties not to grant incentives, privileges or advantages to the tobacco industry to establish or manage their businesses and not to grant preferential tax exemptions to the tobacco industry. This is in contrast to differentiated tax policies based on the type of product.

Keywords: Kenya, BAT, nicotine©Tobacco Free Generation

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[1] Kenya: Internet to circumvent anti-smoking legislation and promote new products, Generation Without Tobacco, August 7, 2020, consulted on 1^er October 2020^[2] BAT eyes tax holiday for nicotine pouches, Business Daily Africa, September 17, 2020, accessed 1^er October 2020[3] Capital FM, Kenya: BAT to Launch Smoke-Free Cigarettes in Kenya, allafrica.com, July 19, 2019, accessed October 2, 2020[4] T. Rajula, Explainers: All about nicotine pouches, Daily Nation, December 4, 2019, accessed October 2, 2020[5] Expert call on government to ban nicotine product, Lyft, PD Online, August 19, 2020, accessed October 2, 2020[6] Nasibo Kabale & Stanley Kimuge, Lobby criticises tobacco-free nicotine pouches, Nation Africa, August 6, 2019, accessed October 2, 2020[7] Kenya: Tobacco industry interference increases during pandemic, Generation Without Tobacco, August 19, 2020, consulted on 1^er October 2020National Committee Against Smoking |