Kenya: Tobacco company blackmails government to ease nicotine pouch regulations

British American Tobacco (BAT) said it is selling its machinery for the local production of VELO brand nicotine pouches in Kenya, amid a dispute with the government over health warnings to be placed on the products.[1]After initially bowing to pressure from BAT on health warnings in 2021, the government has reversed its position and wants to regulate these products more strictly.

In a recent financial disclosure, the manufacturer said it was selling the machines because the "commercialization" of nicotine pouches was "hindered" by "regulatory uncertainty."

The Kenyan government has bowed to pressure from the cigarette company in the past

An investigation[2] A joint investigation by The Examination, Africa Uncensored and The Guardian revealed a series of letters exchanged between British American Tobacco and the Kenyan Ministry of Health in 2021. These letters show that the Ministry has bowed to pressure from the tobacco company regarding the regulation of nicotine pouches. In Kenya, nicotine pouches are regulated as tobacco products and the current tobacco regulations require health warnings to be placed on product packaging and cover a third of the front of the pack. BAT lobbied to reduce the size of the warning and the Ministry of Health agreed to allow only 15 % of the front of the pack to be dedicated to health warnings. The latter also do not mention the potentially carcinogenic toxic substances present in the products and only the addictive dimension associated with nicotine is addressed.

A growing popularity that led the government to reverse its position

Early 2024[3], the Kenyan government has finally proposed new graphic health warnings for nicotine pouches to raise awareness of the potential risks of the products that are gaining popularity among the country's youth. Previously, the warning read "this product contains nicotine and is addictive," but under the new proposals, the warnings could include messages such as "This product is not a safe alternative to cigarettes" And “This product contains nicotine and other ingredients.”

The visuals associated with the message depict the chained hands of a person holding nicotine pouches or a man chained to a barrel with the words "all smoke-free" written on it.

The scientific knowledge on the health effects of nicotine pouches is still emerging and, to date, most studies have been commissioned by the tobacco industry. However, independent studies on nicotine pouches have found the presence of carcinogenic tobacco-specific nitrosamines (TSNAs) in most brands of these products. TSNAs are compounds that form naturally when tobacco is processed, in this case when nicotine is extracted to be added to pouches.

Kenya, a test market for the cigarette manufacturer

BAT sees Kenya as one of its key “test markets” in low- and middle-income countries, according to its own financial statements. It plans to use the country as its base of operations for a rollout of the product across southern and eastern Africa. BAT has previously said it invested 2.5 billion Kenyan shillings (€17 million) in a state-of-the-art facility to produce the pouches. Anti-tobacco groups have questioned the scale of the investment and believe that part of BAT’s existing cigarette factory has been converted to produce nicotine pouches. The Kenyan Alliance for Tobacco Control says BAT’s announcement of its intention to sell its equipment is an attempt to pressure the government, seeking to weaken planned new regulations on health warnings, the group said.

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[1] Matthew Chapman, BAT says it won't make nicotine pouches in Kenya amid dispute over proposed health warnings, The Examination, published August 28, 2024, accessed August 29, 2024

[2] Matthew Chapman, Thomas Mukhwana and Sarah Marsh,  British American Tobacco undermines Kenyan health laws in bid for Gen Z,  The Examination, published January 23, 2024, accessed August 29, 2024

[3] Matthew Chapman, Kenya advances graphic health warnings on nicotine pouches, published April 22, 2024, The Examination, accessed August 29, 2024