LADESOPE LADELOKUN 
Following the announcement of the ban on alcoholic beverages produced in sachets less than 200ml by the National Agency for Food and Drug Administration and Control (NAFDAC), labour unions and manufacturers have raised concerns about the possibility of N800billion investments going down the drain and the loss of 5.5 million direct and indirect jobs. But NAFDAC insists public health cannot be compromised on the altar of business survival. LADESOPE LADELOKUN writes on the tussle between public safety and production
At first, chilled soft drinks and bottled water hawkers were seen selling their wares to passengers and passers-by, who probably needed to rehydrate and shake off the effects of the scorching sun and the troubling heatwave on Wednesday, February 14 at Berger Bus Stop, Lagos State. Unlike the ubiquity of sachet alcohol mer- chants at various bus stops from Ofada to Ibafo in Ogun State, Berger and Ketu bus stops appeared different as no one could be seen openly selling alcohol in sachets and bottles. Curious about the development, our correspondent tapped a driver, who simply gave his name as Toheeb at Berger Bus Stop for directions on where to have some sips of alcohol. “Bros, where I fit shine my eye for here?” Our correspondent inquired. Pointing at a woman eating, he responded: “Ask that woman wey dey eat.” Although, the said woman refused to sell, even when a mountain of alcohol in sachets and bottles could be seen neatly covered beside her, she provided a clue as to why only soft drinks and water merchants were seen trading openly. “I can’t sell now because of the Lagos Task Force.
We are only allowed to sell in the morning and evening. You can come back in the evening,” she told our correspondent. It would later dawn on our correspondent that sellers of sachet alcohol got their wares covered at different points, waiting for the ‘appropriate’ time for patrons to buy and down their favourite sachets and bottles of alcohol. Meanwhile, our correspondent was lucky to buy a sachet of Black Wood Bitters for N100 after persuading another seller that covered her wares. Asked why she got them covered, she said: “We can’t sell now o. It’s not time to sell.” After much persuasion, the alcohol merchant yielded to our correspondent’s demand by selling a sachet of Black Wood. A visit to the same bus stops the following morning confirmed the claim of the alcohol merchants that morning was indeed the time for business as drivers and louts freely bought and downed alcohol despite the Lagos State Government campaign against the sale and consumption of alcoholic drinks by motorists at parks, garages and roadsides. According to the state government and relevant government agencies, taking alcoholic drinks before or while driving exposes drivers to the possibility of having road accidents; something they argue is being encouraged by the continued sale of alcoholic drinks in different sizes at parks across the state despite its ban.
Also, in a bid to curb access by underage persons and commercial vehicle drivers to handy alcohol pack sizes, the Federal Government recently banned alcoholic beverages produced in sachets less than 200ml. The National Agency for Food and Drug Administration and Control (NAFDAC) Director-General, Prof Mojisola Adeyeye, had during a media chat, said: “The people who are mostly at risk of the negative effect of consumption of the banned pack sizes of alcoholic beverages are the under-aged and commercial vehicle drivers and riders.” She further explained that the five-year window given to the manufacturers of the products to stop producing the drinks in sachets and PET bottles, which began in 2018 elapsed on January 31, 2024, noting that the enforcement of the ban commenced on February 1, 2024. Adeyeye added: “This decision was based on the recommendation of a high-powered committee of the Federal Ministry of Health and NAFDAC on one hand, the Federal Competition and Consumer Protection Commission (FCCPC), and the Industry represented by the Association of Food, Beverages and Tobacco Employers (AFBTE), Distillers and Blenders Association of Nigeria (DIBAN), in December 2018.
“As a commitment to the decision reached at the end of this committee meeting, producers of alcohol in sachets and small volume agreed to reduce the production by 50 per cent with effect from 31st January 2022 while ensuring the product is completely phased out in the country by 31st January 2024”. According to her, the World Health Organization(WHO) has established that children who drink alcohol are more likely to: use drugs, get bad grades, suffer injury or death, engage in risky sexual activity, make bad decisions and have health problems. The World Health Organization, she said, also stated that harmful consumption of alcohol is linked to more than 200 health conditions including infectious diseases (tuberculosis and HIV/AIDS) and non-communicable conditions (liver cirrhosis and different types of cancer), adding that it is also associated with social problems such as alcohol addiction and gender-based violence.
Expressing the commitment of NAFDAC to the strict implementation of the regulations and regulatory measures towards safeguarding the health of Nigerians, particularly the vulnerable youth, against the dangers of reckless consumption of alcohol, she said: ” I want to use this medium to ask all holders of alcohol in sachets, PET and Glass bottles, empty sachets, PET bottles, empty Glass bottles, and other packaging materials of these banned products to immediately report to the Investigation and Enforcement Directorate of NAFDAC for hand-over of same to NAFDAC for destruction, to “prevent sterner measures including prosecution.”
Retailers kick
In separate interviews with Sunday Telegraph, some retailers bared their minds on how they are taking the ban. For a sachet and bottle alcohol seller, who simply identified herself as Mama Shina near Lotto Bus Stop on Lagos/Ibadan Expressway,she said: “So, where will I keep these ones here? Did I go and steal them ? At least, they should give us time to sell what we have. I have to go back to my supplier to return my money. Else, there would be problems.” Another seller at Mowe Bus Stop, Dupe Olowe, said:” I’m a widow and may the creator of my husband never allow the children to suffer. The little I make from here is what I use in feeding my family. I actually heard of the ban. But before the enforcers get to me, I will close immediately. I think it’s just the ones here that are affected. The ones there( pointing to the big bottles opposite her) are not affected.” At the Berger Bus Stop, an alcohol merchant, who chose to be anonymous, denied knowledge of the ban but lamented the rise in the prices of the various products. “I’m not aware of any ban by the government. They will not kill us in this country. Everything is just too expensive. What I need now is money to buy more before it gets more expensive. I just got these ones today.No one told me anything,” she told Sunday Telegraph.
Ban, counter productive, injurious to economy – Stakeholders
Commenting, a stakeholder and promoter of Opor Pa Bitters, Hon. Femi Gbosibo, in a chat with Sunday Telegraph,expressed reservations about the possibility of the ban on sachet alcohol achieving its purpose. According to him, what is needed is a change of attitude and constant orientation. “The banning of sachet alcohol would not deprive the younger ones from buying it. It will only reduce the capacity of individual consumption in direct proportion to their financial capacity. Banning alcohol might be difficult in a country like Nigeria. “The consumption may only be minimal in some quarters when it comes to individuals’ capacity of purchase but during any festivity or social gatherings, consumption of alcohol will always rise. “The reason remains that those who find it difficult to consume or drink alcohol to their individual satisfaction due to their purchasing power will always use the advantage of surplus supply during any festivity or social gathering to satisfy themselves maximally whenever the case arises.”
For the Executive Secretary of DIBAN, John Ichue, should the ban be allowed to stay, 5.5 million direct and indirect jobs would be affected and N800billion investments would be gone. According to Ichue, some of the funds investors pumped into the sector were borrowed from banks, noting that some had acquired raw materials that would last them for the next five years. He further stated that more than 25 companies in the wine and spirits sector in the country may be forced to close shop.
Public health can’t be sacrificed on altar on business survival -JAF
Commenting, public affairs analyst and Deputy Chairman of Joint Action Front, Achike Chude, said though the ban has economic implications for the country and also for the manufacturers and the workers, to maintain the status quo means continued easy access to alcohol for underage persons. “It is not often that the Organised Private Sector, manufacturers, workers’ union come together and agree on a particular matter. It is not often at all. They are usually in disagreement over policies but this time around, they are aggrieved. Both sides are affected and if you don’t stand up for them, the sustainability of that association is threatened. They must be seen to be fighting for their members. And for labour, we also understand because their members are going to be heavily impacted. And if they can’t stand up for the members, then what is the essence of having a union or belonging to a union if the union cannot protect them in situations of peril. So, that is the dilemma both bodies find themselves in. “If the claim of the relevant institutional bodies is that it endangers the health of Nigerians, it might also include the health of members of the workers’ union. We have seen school children on their way to school stop to buy these drinks.
Usually, these drinks are alcoholic. They are not good for these children and that is why you have this advice always that people under 18 years are not allowed to take some of these drinks. And that is why adverts for alcoholic drinks are done very late in the night when children are believed to be asleep. But the reverse is that it has economic implications for the country and also for the manufacturers and the workers.” He further stated that public health could not be compromised on the altar of economic survival, noting that it was incumbent on manufacturers to step up measures to ensure that underage persons don’t get easy access to alcohol. “I think what should have been done is to take these small packs from young people. And the only way is to ensure that bigger quantities are produced at higher prices because the argument is that it is within the reach of young people because of the cost of these products.
So, you can’t eat your cake and have it. The health of young people is important. On this level, it will be difficult for me to support MAN and the workers. If the price is the issue, then they should make sure they produce at prices that will be way above what young people can afford. The problem with that is that they need young people to consume these products. I’m sure they know that this has been happening and it is accessible to young people. They can’t eat their cake and have it. The health of citizens is important and that cannot be compromised. Labour on this one issue cannot have its way 100 per cent. Manufacturers can’t have their way 100 per cent.”
Pronouncement not enough,total enforcement key – Public health physician
For public health physician and Vice Chairman of the Medical Guild, Japheth Olugbogi, it is important to move beyond pronouncements; a total enforcement of the ban on sachet alcohol is long overdue, noting that its affordability has fuelled abuse among underage persons. “I’m a strong advocate of enforcement of our laws, especially laws that have to do with regulation of drug consumption, vaccines and all. Now, anybody can get alcohol anywhere. Nobody will prosecute you. But we have a ban on underage consumption of alcohol. Following the advent of sale of alcoholic beverages in sachets, you find it everywhere. You find alcohol being available at every corner of the country, not just available, it is affordable and very accessible. This has afforded a lot more people to take sachet alcohol. Not just take sachet alcohol but take it indiscriminately because it is cheaper, it is smaller, it is accessible and handy. So, this has enabled the young ones, secondary school students, even primary school students, who are advanced in age to take alcohol. I want to urge the government not to just pronounce the ban but enforce it.” Corroborating his stand with a story of a female teenage addict, Olugbogi said:”Just a few days ago here, this week, we had to contend with an underage girl going to school. She attends a public school but she would go to somewhere, I think at the back of the school compound to take sachets of alcohol and the teachers reported that she was always coming to school high.
They thought she was taking Colorado but it was alcohol. Sachet alcohol! Just this week! This ban is a step in the right direction. So, if you can’t get it almost everywhere, the chances that you would take it are limited.” On the effects of alcohol consumption, the public health physician said apart from the possibility of damaging vital organs in the body, it could also be addictive. “Alcohol is also bad for the physiological makeup of its consumers- their liver, their kid- ney, their heart. Alcohol will affect all these. These kids who take alcohol may begin to depend on it to function. That is to say, if they have not taken it in a day, they begin to feel incomplete, they begin to feel inadequate, they begin to have a sense of insecurity about themselves, they also begin to lose confidence in themselves. These are some of the things that taking alcohol at a very young age can cause. I’m not saying it is bad to drink alcohol but we should limit the way underage persons have access to it,” Olugbogi stated.
Only 3.9% of underage persons engage in binge drinking, access control is what’s needed – MAN
Speaking at the press conference on the ban on production of alcoholic beverages in sachets and less than 200ml PET bottles, the Director General of the Manufacturers Association of Nigeria (MAN),Segun Kadir, said NAFDAC, as part of getting the true position on the matter, engaged an independent research agency – Research Data Solution Limited. The agency, he said, submitted its report to NAFDAC on August 20, 2021 and the report recommended Access Control by the regulator rather than outright ban; given the fact that only 3.9 per cent of underage persons are engaged in binge drinking. This, he argued, confirms the fact that involvement of underage persons in alcohol consumption is low and could, with additional efforts, be eradicated as it is an objective MAN is irrevocably committed to. He said that despite the show of corporate responsibility and proactive support by the players to eliminate the root cause of the issue, the association was perturbed at the apparent preoccupation of NAFDAC to ban the production of drinks in sachets and PET bottles by 2024.
This, according to him, is at variance with the right of private entrepreneurs to invest and engage in legitimate business.
On why the ban is at variance with the Federal Government’s Renewed Hope Agenda and why it should give way to access control, he said: “Besides and more importantly, the proposed policy would amount to unnecessary and avoidable debilitation of the business of local and indigenous investors, who through thick and thin, have kept faith with the Nigerian economy. They have continued to invest and reinvest at enormous cost in the economy and in the Nigerian people who are the bulk of its nearly five hundred thousand (N500, 000) workforce. This is in spite of the daunting challenges that businesses have faced in the difficult times, which if we must emphasize, has led to several companies closing down and foreign investors leaving the country. We are convinced that this present administration‘s Renewed Hope Agenda will not be best served with this ban. If the administration is committed to encouraging and strengthening local investors, then this ban should give way to access control. “At the least, one would expect that NAF- DAC should allow due process of full legislative hearings by the appropriate House Committee to take place, so that relevant stakeholders can engage and the public will know the factual, expert and well-informed opinions.
Also, the Ministerial Technical Committee should be allowed to complete its work. It is important to know that the industries have invested hundreds of billions of Naira not only in the business, but overtime, in packaging and distribution. Most of the huge investments are backed by enormous indebtedness to both foreign and local financial institutions.” He further stated that going ahead with the policy in spite of its consequences would be unfair to industry operators and workers. “It should also be borne in mind that prior to the investment made by the companies, in the packaging, distribution, logistics and advertisement of their products, the necessary approval was obtained, thus prompting them to make the said investments. “This is what the ban is going to wreck for no justifiable reason. It must be explicitly stated: ‘Moderation and responsible drinking promote good health. Small is good. If you buy small, you will consume small. If you buy big, you will consume big. This is not healthy. Bigger sizes encourage consumption of bigger portions, while small sizes encourage portion control. If you take away small sizes, you are encouraging excessive consumption of alcoholic beverages,” he said. According to him, to go ahead with the policy based on perceived danger, without empirical information and not minding the consequences, is unfair to the industry operators, the thousands of workers that will lose their jobs.
Ray of hope?
Meanwhile, there are indications that the Federal Government may review the ban on alcoholic beverages packaged in sachets and PET bottles. In a statement by Prof. Ali Pate, the Coordinating Minister of Health and Social Welfare, he assured Nigerians that the government would discuss with partners, Trade Union Congress and other members on the way forward to address their grievances. Also, the House of Representatives has mandated its Committee on NAFDAC to investigate the basis in sachets and small bottles in Nigeria by the agency and circumstance surrounding the ban imposed on the production of beverages.
