Gabon: Control of tobacco products strengthened by the National Public Health Laboratory

The Minister of Health of the Transition, Pr. Adrien Mougougou, signed Order No. 001290/MS on August 22, 2024, formalizing the establishment of reinforced control of tobacco products, vaping and other new nicotine-based products in Gabon. This control, which is part of broader efforts to combat smoking, mainly aims to monitor the market and collect reliable data to better inform public authorities and consumers on the emissions and composition of these products. The objective is to ensure rigorous monitoring and bring increased transparency in the management of these products, without guaranteeing their safety.[1].

A strengthened regulatory framework concerning products

Based on Articles 6 and 28 of Law No. 006/2013, in force since 21 August 2013, the decree entrusts the National Public Health Laboratory (LNSP) with the task of verifying the composition and emissions of the products concerned. The controlled substances include nicotine, tar, carbon monoxide, as well as heavy metals such as lead and cadmium. The aim of this control is to provide precise data on the conformity of products with the standards in force. This can allow the authorities to better regulate the market and protect consumers, without guaranteeing the safety of the products for health.

Tighter control of imports and distribution

The administrations that are responsible for the import, distribution and marketing of these products must collaborate with the LNSP for the collection of samples, under the supervision of customs officers and importers. The costs of the analyses are borne by the manufacturers and distributors, which underlines their responsibility in the conformity of the products. In the event of non-compliance with the standards, sanctions ranging from seizure to destruction of the products, as well as fines or criminal sanctions, are provided.

Gabon, which has been a party to the Framework Convention on Tobacco Control (FCTC) since then, is thus committed to respecting the provisions of this treaty, in particular those relating to the regulation of tobacco products and the fight against illicit trade. This control thus strengthens national efforts to protect public health, but also contributes to the international fight against illegal commercial practices in the tobacco sector.

Flaws in the application of past laws

This decree marks a milestone, but it comes at a time when existing anti-smoking laws have often suffered from irregular enforcement. Indeed, although important measures have been taken, such as banning smoking in public places and regulating tobacco advertising, their implementation remains a challenge. The “Tobacco-Free Administration” initiative, launched in June 2024, has highlighted these weaknesses. Renée Ndjaga Enombo, Director of the National Tobacco Control Program, stressed the need to make these laws more effective to truly protect the health of citizens, especially the youngest.[2].

A first measure

Although this decree is presented as a significant step forward, Gabon remains heavily influenced by the tobacco industry, as revealed by the Tobacco Industry Interference Index in 2021.[3], which placed the country among the most influenced. If the control of products is a first step, its effectiveness will depend on the government's ability to put in place a complete and effective strategy, which involves protecting public policies from industry pressure.

©Generation Without Tobacco

RK

[1] https://gabonmediatime.com/gabon-les-produits-du-tabac-desormais-soumis-au-controle-du-lnsp/ (accessed 10/14/2024)

[2] https://www.generationsanstabac.org/fr/actualites/le-gabon-lance-linitiative-administration-sans-tabac-pour-faire-appliquer-la-legislation-en-vigueur/ (accessed 10/15/2024)

[3] https://factsheets.globaltobaccoindex.org/ (accessed 10/15/2024)