Kenya: BAT's loss on tobacco regulations a win for health ministry

High Court judge, Mumbi Ngugi has adopted the proposed regulations on the control of the manufacture, sale and advertisement of tobacco products.

On her ruling, Ms. Ngugi directed that the regulations become effective in six months time.

This ruling is considered a major win for the Ministry of Health that was at the forefront of developing the regulations.

The tobacco company had moved to challenge the regulations in the high court, citing that they were in bad faith and only sought to interfere with their tobacco business.

The adoption of the new regulations will govern the size of health warnings on cigarette packages as well as its advertising.

Kenya to introduce pictorial health warnings

Cigarette manufacturers, distributors and importers will not be allowed to put brand names or trademarks on cigarette packages and wrappers starting June this year.

According to the new Tobacco Control Regulations 2014 published by the Ministry of Health on Monday, the cigarette packages will instead carry health warnings and pictograms on the front and back respectively.

“A person shall not manufacture, sell, distribute or import a tobacco product for sale in Kenya, whose package carries a name, brand name, text, trademark or pictorials or any representation or sign which suggest that the tobacco product is less harmful to health rather than other tobacco,” a section of the regulations stated.

The pictogram is required to be printed in full colour, contrasting with the background to ensure noticeability while the health warning messages will be printed in black and white.

The health warning message on the front of the package will be printed in English while the back package will be in Kiswahili.