The public participation process on the Tobacco Control (Amendment) Bill, 2024, conducted in the National Assembly and across the country, has put the spotlight on the growing reach of nicotine products among young people. Health advocates have warned that aggressive marketing of vapes, nicotine pouches and other emerging products could create a new generation of nicotine users.

According to data published by the Tobacco Control Data Initiative (TCDI) through the 2024 Data on Youth and Tobacco in Africa (DaYTA) Survey, the prevalence of tobacco and nicotine product use among adolescents aged 10–17 in Kenya shows an ever-use rate of 6.5% and a current-use rate of 2.5%.

The study represents a critical milestone for TCDI, as it accounts for both in-school and out-of-school youth across rural and urban areas, helping to address historic data gaps.

Representatives from the Kenya Tobacco Control Alliance (KETCA), the International Institute for Legislative Affairs (IILA), Students Campaign Against Drugs, the Kenyan Network of Cancer Organizations (KENCO) and members of the public used the parliament session to call for stronger regulation of tobacco and nicotine products, particularly measures aimed at protecting children, adolescents and young adults.

A major concern raised during the submissions was the way emerging nicotine products are being marketed and positioned in the public domain. Participants questioned the increasing use of animated products in form flavours, attractive product designs, social media promotion and influencer marketing, warning that these approaches can make nicotine products appealing and accessible to young people.

The discussions also raised questions about the tobacco industry’s promotion of harm-reduction narratives around newer nicotine products. Participants argued that while reduced exposure to harmful substances may be relevant when discussing adult smokers who switch completely from combustible tobacco, such messaging should not create the impression among young people that nicotine products are harmless.

They called for closer scrutiny of the commercial interests behind the rapidly expanding nicotine market, arguing that products promoted as alternatives to conventional cigarettes could potentially widen the pool of nicotine consumers if they attract people who previously did not use tobacco.

Health risks at the centre of debate

The health implications of nicotine use were central to the concerns raised during the session.

Health experts note that nicotine is highly addictive and can affect the developing brain, particularly in adolescents and young adults. Exposure during this period can affect attention, learning, mood and impulse control. Nicotine dependence can also make it difficult for young users to stop once regular use has begun.

Participants further raised concerns about the potential health effects associated with vaping and other emerging nicotine products. Depending on the product and its contents, users may be exposed to substances that can irritate or damage the respiratory system. The long-term health consequences of many newer nicotine products are also still being studied.

The concern extends beyond nicotine itself. Participants noted that the growth of nicotine use among young people could have longer-term consequences for public health, including increased demand for prevention, cessation and treatment services.

A battle for a youthful market?

The issue takes on added significance in Kenya because of the country’s large young population. Participants argued that young people represent a significant demographic and therefore require particular protection from commercial strategies that could normalise nicotine use.

According to the Tobacco Control Data Initiative (TCDI) Kenya and the African Population and Health Research Center (APHRC), a “devastating youth nicotine epidemic” is gripping the country, driven by what they describe as a near-total collapse in retail law enforcement. Their data indicate that 94.6% of adolescents are never denied e-cigarettes, while 91.3% are freely sold commercial cigarettes at local kiosks.

Participants raised concerns about the possibility of young people being drawn into nicotine use through products presented as modern, fashionable, safer or socially acceptable alternatives to cigarettes.

The submissions called for stronger restrictions on marketing and promotion, particularly through digital platforms, where young audiences can be reached through influencers and other forms of online content.

Participants also called for tighter controls on tobacco-industry engagement with students and educational institutions, arguing that schools, colleges and universities should remain protected environments.

Caleb Mbugua, Policy Development Program Officer at the International Institute for Legislative Affairs (IILA), said the amendment process presents an important opportunity to strengthen protections for children and address regulatory gaps.

“This amendment process is a defining opportunity to protect Kenya’s children from a new generation of nicotine addiction. Parliament must close regulatory loopholes, prohibit products designed to attract young people, shield public-health decisions from commercial influence, and ensure the tobacco industry contributes meaningfully to prevention, treatment, and enforcement. Public health must come before profit.” he said.

Calls for stronger enforcement

The public participation session also highlighted the need to strengthen enforcement and expand smoke-free environments.

Participants called for clearer controls covering emerging tobacco and nicotine products, alongside stronger implementation of existing restrictions. They argued that legislation should keep pace with rapidly changing products and marketing techniques so that regulatory gaps do not leave young people exposed.

The submissions further linked tobacco control to wider economic and health costs, including healthcare expenditure, treatment of tobacco-related diseases, cessation services and public education.

For health advocates, the debate is therefore not simply about regulating a new generation of products. It is also about determining how Kenya can prevent nicotine dependence from taking root among young people while ensuring that public health policy is not overtaken by commercial interests.

The public participation process consequently brought a clear message from those who made submissions: stronger tobacco control must address both the traditional cigarette market and the rapidly evolving nicotine industry, with the health and protection of young people at the centre of the law.