The document discusses the legal and ethical framework around the sales and promotion of tobacco and alcohol in Nigeria. It provides an overview of tobacco and alcohol consumption in Nigeria. It then discusses the key aspects of the legal and ethical framework for both tobacco and alcohol separately. For tobacco, it outlines the Tobacco Control Act and compares it to the previous 1990 Tobacco Control Decree, noting how the new Act expands restrictions. It also discusses some challenges in enforcing tobacco regulations, such as the rise of smokeless tobacco and tobacco companies' corporate social responsibility programs.

1. MOSHOOD ABIOLA POLYTECHNIC,
PMB 2210, OJERE ABEOKUTA
OGUN STATE.
School of Business and Management studies.
Department o fMarketing
Level:
HND 1 full time
Course code:
Mkt 325
Course title:
Marketing, Planning, Implementation and Control.
Group 7:
Topic:
Discuss the ethicaland legal frameworkas it affect the
sales and promotion of tobacco and alcohol in Nigeria.
Lecturer in charge:
Mr. A.A Odunmbaku

2. INTRODUCTION
The controlof tobacco is a policy issue of increasing concern to developing countries. In
Africa, currently the largest market for tobacco companies, governments are taking
measures to implement bans on the purchase and public consumption of tobacco
products.
This essay highlights efforts by the Nigerian government at regulating the use of tobacco
among its population. It starts by giving a brief overview of tobacco consumptionin
Nigeria, government efforts at enforcing regulations over the years, the breakthrough
achieved through implementation of the Tobacco ControlAct, and the challenges of
implementing tobacco controls. Although Nigeria has secured a victory through the
passage of the Tobacco ControlAct, other significant hurdles remain which must be
addressed if her goal of effectively regulating tobacco consumptionis to be achieved.
Alcohol is a ubiquitous toxin that can harm almost any system or organ of the
body. Beverages which contain alcohol are in essence marketed products, whose
identities are built with a complex mix of marketing technologies, including
traditional advertising as well as sponsorships, sweepstakes, couponing,
productplacement, new productdevelopment, point-of-purchase materials
and promotions, person-to-personand viral marketing, distribution and sale of
branded merchandise, and the use of more recent technologies such as mobile
phones and the Internet. Commercial communications can be defined as all
forms of advertising, direct marketing, sponsorship, sales promotions and public
relations promoting products and services, and these are currently regulated by both
statutory and non-statutory means
Alcohol is not an ordinary commodity (Babor et al. 2003), but rather a ubiquitous
toxin that can harm almost any system or organ of the body, exacerbating preexisting
mental and physical disorders, and adversely interacting with other
illicit drugs (Anderson and Baumberg 2006). Following consumption of a given
amount, alcohol shows wide individual variation in its toxic effects, with no
threshold below which it can be regarded as entirely risk free. Alcohol can produce
a state of dependence and depressionand stimulation of the central nervous
system, with no means of identifying whether or not an individual is at risk, or not
at risk, of becoming dependent.
Beverage alcohol is prominent among the many branded consumer goods that
young people, in particular, increasingly use as a way of signalling their identity
and place in the world. The producers and marketers of beverage alcohol, many of
whom are global players, use sophisticated promotional practices to target specific

3. groups suchas those starting to drink, regular young drinkers and established
young drinkers. This marketing utilizes multiple channels (youth radio, television,
events, websites, mobile phones) and diverse modalities (advertising, sponsorship,
branding). Such marketing of alcohol to young people is at the forefront of
what is termed post-modernmarketing. Advertising and branding are crafted
to mirror and express dominant representations of youth culture and lifestyles.
Promotion is never static, even in established markets, as new cohorts of young
people become available as targets for marketing activity on a continual basis as
they mature. Market segmentation and targeting is used by the alcohol industry
to ensure that significant amounts of advertising are placed where youth are
more likely to be exposed to it than adults. Paid placements of products in films,
television, books, and video games is another way to embed alcoholic beverages in
the daily lives of young people.
Introduction
Overview of Tobacco and Alcohol consumption in Nigeria.
Nigeria is one of the three largest tobacco markets in Africa, others being Egypt and
South Africa. Tobacco sales in Nigeria have continued for long with profits of the
Nigerian tobacco companies increasing year on year. Although there are no records of
consumers in Nigeria, a 2012 WHO report has estimated that Nigeria has a population of
almost 13 million smokers, and 18bn cigarettes are sold each year at a value of about
$931m (N185 billion). Nigeria has a relatively low smoking prevalence rate (Figure 1)
compared to other countries across the globe.
Alcohol advertising and sales promotion is a very sensitive issue and its regulations and
guidelines are designed to promote socially responsible behavior and to protect young
people. If there is one thing we learned from the 'Guinness Nigeria Plc and APCON saga'
it is the fact that when advertising alcoholic beverages in Nigeria, be very aware of time
of the day you advertise because you may just be in violation of the APCON Codeof
Advertising and Promotion guidelines. The guidelines provide that advertisements for
alcoholic beverages shall not be aired between 6:00am and 8:00pm on radio and between
6:00am and 10:00pm on television.
Educational approaches cannot be considered as alternative alcohol policy options to

4. Legal And Ethical Framework That Affect The Sales And Promotion Of Tobacco
And Alcohol In Nigeria
The legal and ethical framework can be discuss in two main categories
1. Legal and ethical frame work as it affect the sales and promotion of alcohol in
Nigeria
2. Legal and ethical framework as it affect the sales and promotion of tobacco in
Nigeria
The Legaland ethicalframe work as it affect the sales and promotion of alcoholin
Nigeria are as follows:
The Legaland ethicalframe work as it affect the sales and promotion of tobacco in
Nigeria are as follows:
The National TobaccoControlAct shares similarities with the 2005 WHO Framework
Convention on TobaccoControl(FCTC).Aquick comparison of the 1990 Tobacco
Control Decree and 2015 TobaccoControlAct is highlighted below:
TobaccocontrolDecree 1990 TobaccoControlAct 2015
1. Restrictionof smoking in Cinema,
theatre, offices, public transportation, lifts,
medical establishments, schools andNursery
institutions.
Comprehensive prohibition of smoking contained
in the second schedule to the Act. Prohibition
now extends to restaurants, bars, places of
worship, police stations, etc.
2. Restrictionof tobacco adverts in
Newspaper, Magazines,Radio, Television,
Cinema, Billboards, and handbills
Restrictionof tobacco adverts and any public
statement, communication, representation or
reference that promotes or publicizes tobacco ora
tobacco productorencourages use or draws
attention to the nature, properties, advantages or
uses of the product. Also restricts product
stacking and productdisplays of any kinds or
size; the use of any advertisement or promotion
of a tobacco productaimed at the public where
the name or any part of the name of the product
being advertised is used as or is included in a
tobacco producttrademark.

5. 3. Tobaccopackages to containcertain
information such as FederalMinistry of
Health Warnings inscribed on the package
and the amount of tar and Nicotine statedon
the pack.
Clear distinctions in s.4 of the Act, providing
regulations pertaining to the export, import and
transportation/ transfer of tobacco products
within the country. Signs are to be placed on
retail outlets that the law prohibits sales to
underage persons. Responsibility also placed on
retailer to dismiss persons. Also Every package
containing a tobacco productshall have at least
two un-obscured health warning labels and/or
health messages, covering 50% of the principal
display or total surface area
4. Penalties for smoking betweenN100 and
1,000, and/orimprisonment terms of between
1 month and 2 years
Penalties increased to N25, 000 or to
imprisonment for a term not exceeding six
months, or to both.
5. Advertisement of tobacco products
carries a fine of N5, 000 and imprisonment
term not exceeding 3 years.
In accordancewith s. 18 advertisementof
tobacco products imposes fines not exceeding
five hundred thousand naira, or to imprisonment
for a term not exceeding three years, or to both.
As can easily be seen from the above table, the recently signed Act surpasses the 1990
Decree in all ramifications, taking into account the WHO-FCTC provisions. In spite of its
comprehensive formulation however, some core policy issues have not been addressed by
the bill, which may affect implementation efforts in the long run.

6. Challenges ofenforcementof tobacco controlregulations in Nigeria
Significant policy issues that the Tobacco ControlAct failed to address include the
problem of smokeless tobacco and counter-productive CSR programs by Tobacco
companies.[7]
According to a study conducted in 2012 by Euromonitor, Nigeria was to have a 77%
growth in the volume of smokeless tobacco.According to information released on the
website of the American cancer society, smokeless tobacco, although less lethal than
cigarettes are still deadly and have not been proven to help smokers quit. The implication
is that Nigerian cigarette consumers are merely going to switch products.
The WHO-FCTC implores countries to place ban on CSR programs by tobacco
companies becauseof the ‘hypocrisy’ behind their programs. However, Nigeria is yet to
do so becauseof the economic implications. British American Tobaccoin Nigeria
(BATN), the tobacco companywith the largest share of the Nigerian market, engages in
CSR programs that target 70% of rural farmers. In 2014, BATN provided over ₦280
million interest free loans to tobacco farmers in Nigeria. According to information
contained on their website, British American TobaccoNigeria contributed ₦108 million
($719,000) of corporate social investment in 2010 in the communities where they
operate. In 2007, when the federal government instituted proceedings against the
company in court, BATN donated a fleet of Ford Ranger trucks to the Nigerian Customs
Service and “pumped” $300 million (₦59 billion) into the local economy. This translates
directly into a serious lack of political will to enforce tobacco regulation.
Looking at the bigger picture of health and development, Nigeria is set to lose in the long
run if it does not act quickly to stop tobacco consumption. A report published by the
Environmental Rights Action (ERA) group estimates that the Nigerian government
spends as much as US$591 million yearly on medical treatment as a result of tobacco
consumption in the country[9]. A study by the WHO between 2005-2008 estimates that
30% of total number of cigarettes consumed (valued at ₦55.5 billion) in Nigeria are
smuggled into the country. Head of Regulatory Affairs, British American Tobacco(West
Africa), Sola Dosunmu, said the tobacco sectorloses over £17 billion globally to
smuggling (₦ 524 billion) and other forms of illicit trading. Dosunmu also noted that
Nigeria loses $200 million (₦61 billion) annually to illicit tobacco trade. The Tobacco
Atlas, a publication of the World Lung Foundation and American cancer society has also
warned that governments will miss the Sustainable Development Goals target of reducing
premature deaths from Non-communicable diseases (NCDs) by one-third by 2030.

7. 1.the regulation of the marketing of alcohol, including advertising
Although educational approaches to reduce the harm done by alcohol to young
people are intuitively appealing, theoretical evidence would suggest that they
are unlikely to achieve sustained behavioural change in an environment in
which many competing messages are received in the form of marketing and
social norms supporting drinking, and in which alcohol is readily available. This
is confirmed by a substantial bodyof evidence, which shows that educational
approaches are largely ineffective in reducing the harm done by alcohol to young
people. Thus, educational approaches cannot be considered as alternative alcohol
policy options to the regulation of the marketing of alcohol, including price,
availability and advertising.