AN INVESTIGATION INTO THE IMPACT OF CONSUMER PROTECTION LEGISLATION ON THE USE OF TOBACCO PRODUCTS

CHAPTER ONE INTRODUCTION 1.1 Background of the Study Tobacco consumption has escalated to epidemic levels, making it a critical global public health challenge. It significantly contributes to many of the world’s leading causes of death and is responsible for the premature demise of a large number of users (Ogunnubi, 2016). It represents a major threat to the global economy by reducing productivity and contributing to widespread suffering, pain, and emotional distress (Mendez, 2015). Globally, tobacco use is a primary factor in preventable and premature illness and death, causing approximately six million deaths annually (WHO, 2015). Every six seconds, one person dies due to tobacco-related diseases. More than 80% of smokers worldwide, including those in Nigeria, live in low- and middle-income countries, where 75% of tobacco-related deaths also occur (WHO, 2015). By 2030, tobacco is projected to result in over eight million deaths annually, and if measures are not taken, it could lead to the deaths of more than one billion people in the 21st century (WHO, 2015). In the 20th century alone, tobacco smoking caused an estimated 100 million premature deaths globally. Consequently, noncommunicable diseases (NCDs) now account for over 80% of early deaths in developing countries. While the global burden of NCDs is expected to increase by 17% in the next decade, the African region may witness a surge as high as 27% (Eriksen, 2017). As the most populous nation in Africa, Nigeria has a large population of tobacco users, significantly impacting health metrics in the region (Blecher, 2018). The shift of tobacco production and marketing hubs from the Western world to Africa is notable, with Nigeria playing a pivotal role in the transition from a producer to a major consumer of tobacco products. Between 1990 and 2009, tobacco use declined by about 26% in Western Europe but increased by nearly 60% in Africa and the Middle East, with Nigeria having the largest share of the population (Lovato, 2018). This has prompted tobacco companies to increasingly target African markets. Omokhodion (2017) explains that while tobacco regulations have become stricter in North America and Europe, many African countries either lack such regulations or remain susceptible to tobacco industry lobbying, making the continent an attractive market for expansion. The WHO Framework Convention on Tobacco Control (FCTC), endorsed by the 56th World Health Assembly on May 21, 2003, and effective from February 27, 2005, outlines a four-pronged strategy for tobacco control. This includes a complete ban on tobacco advertising and increased dissemination of public health information, particularly targeting the youth (Aina). In response, Nigeria passed the National Tobacco Control Act in 2015 to incorporate the WHO FCTC provisions into its domestic laws. However, implementation remains weak, with limited enforcement, persistent smoking in public places, and inadequate funding for law enforcement, resulting in poor consumer protection against tobacco use. According to the United Nations, Nigeria signed the WHO FCTC on June 28, 2004, and ratified it on October 20, 2005. This obligates the Nigerian government to protect its citizens from the harmful impacts of tobacco products as part of its public health responsibility. The FCTC, in alignment with consumer protection frameworks, mandates that member states prioritize public health over the economic interests of the tobacco industry. It provides guidelines for national, regional, and international tobacco control policies aimed at reducing widespread tobacco use and exposure to tobacco smoke (Article 3). Countries are expected to enact legislation that protects current and future generations from the harmful health, economic, social, and environmental effects of tobacco. The present study aims to assess how consumer protection laws influence tobacco product consumption, forming the foundation of this research. 1.2 Statement of the Problem Before the FCTC came into force, Nigeria had laws aimed at restricting smoking in public areas and banning tobacco advertising (Oshodi, 2015). However, these laws were grossly inadequate in fulfilling Nigeria’s obligations under the FCTC. In addition, enforcement was severely lacking, with no documented convictions or trials for tobacco-related offenses from the inception of the law in 1990 until its repeal in 2015. In that same year, the Nigerian Federal Government introduced regulatory standards for specific goods, such as food, drugs, and cosmetics, as part of its regulatory mandate. Many individuals begin smoking during adolescence and often become addicted, making it difficult to quit (Adebiyi, 2018). As these youths transition into adulthood, they serve as role models, thereby perpetuating the cycle of tobacco use (Fawibe, 2018). The health effects of smoking depend on the frequency and duration of use. Starting at a young age increases the risk of developing NCDs. Around half of adolescent smokers become lifelong users, and approximately half of this group are likely to die from tobacco-related diseases, underscoring the profound impact on youth and the urgent need for prevention. The tobacco industry recognizes the importance of youth in sustaining tobacco use and heavily targets them with marketing. Evidence shows that the industry spends more than $9 billion annually to attract young people. Roughly 40% of Hollywood and youth-oriented films feature smoking scenes, reflecting a shift from direct advertising to more subtle promotional tactics that are harder to regulate (Orimadegun, 2015). This research aims to conduct an in-depth review of existing literature on tobacco use among Nigerian youth to determine its prevalence, distribution, and contributing factors. These insights are vital for developing effective tobacco prevention and cessation strategies tailored to young people. Ultimately, the goal is to protect current and future Nigerians from the negative health, social, economic, and environmental consequences of tobacco use and exposure. 1.3 Objectives of the Study The main objectives of this study are: i.To determine whether consumer protection laws have a positive or negative impact on tobacco product consumption. ii.To assess whether there are age verification checks (such as scanner locks) for individuals appearing to be under the age of 27 when purchasing tobacco products. iii.To investigate whether tobacco product use, including cigarettes, can be substantially reduced or eliminated with the support of consumer protection laws. iv.To evaluate whether tobacco consumption levels are being monitored—whether increasing, decreasing, or appropriately regulated. 1.4 Research Questions The study aims to answer the following questions: i.Do consumer protection laws have any negative impact on the consumption of tobacco products? ii.Are age verification checks in place for buyers appearing to be under the age of 27 (e.g., scanner locks)? iii.Is it possible to significantly reduce or eliminate tobacco and cigarette use? iv.Is there a monitoring system for consumption rates (high or low), and are they properly regulated? 1.5 Research Hypotheses H₀: There are no age verification checks (e.g., scanner locks) for purchasers appearing to be under 27. H₁: There are age verification checks (e.g., scanner locks) for purchasers appearing to be under 27. H₀: There is no monitoring of tobacco consumption levels (high or low). H₁: There is monitoring of tobacco consumption levels (high or low). 1.6 Significance of the Study This study holds significant value for several reasons: It provides a detailed examination of the effect of consumer protection laws on tobacco product consumption. Its findings will offer valuable insights to government bodies, the National Drug Law Enforcement Agency (NDLEA), tobacco users, and academic researchers. 1.7 Scope of the Study This research focuses on the impact of consumer protection legislation on the use of tobacco products consumption. Empirically, the study will determine whether consumer protection laws have a positive or negative impact on tobacco product consumption, assess whether there are age verification checks (such as scanner locks) for individuals appearing to be under the age of 27 when purchasing tobacco products, investigate whether tobacco product use, including cigarettes, can be substantially reduced or eliminated with the support of consumer protection laws and evaluate whether tobacco consumption levels are being monitored whether increasing, decreasing, or appropriately regulated. Geographically, the study is delimited to tobacco users in Ado-Ekiti, Ekiti State. 1.8 Limitations of the Study As with many academic studies, this research encountered several constraints: Limited access to accurate and up-to-date materials related to the topic. Challenges in obtaining sufficient data. Financial limitations affected the procurement of relevant materials and the cost of printing and distributing questionnaires. Time constraints posed difficulties due to the need to balance research work with other academic responsibilities. 1.9 Operational definition of terms Consumer Protection: This refers to laws, regulations, and policies designed to safeguard the rights and interests of consumers against unfair, deceptive, or harmful business practices. In this context, it involves legal measures to protect individuals from the adverse effects of tobacco product consumption Consumer protection legislation: Legal statutes enacted by governments to regulate the production, marketing, sale, and consumption of products, including tobacco, with the aim of promoting consumer safety, public health, and informed decision-making Tobacco:Any item made entirely or partly of tobacco leaf as raw material and intended for human consumption. This includes cigarettes, cigars, pipe tobacco, smokeless tobacco (such as snuff and chewing tobacco), and other nicotine delivery systems derived from tobacco