A new investigative report has exposed how British American Tobacco Kenya (BATK) has systematically manipulated regulatory loopholes, delayed policy enforcement, and influenced public opinion to undermine Kenya’s tobacco control laws.
The report—jointly released by the Consumer Information Network (CIN), the International Institute of Legislative Affairs (IILA), and the Kenya Tobacco Control and Health Promotion Alliance (KETCA)—documents BATK’s efforts to obstruct the implementation of graphic health warnings (GHWs) and lobby for regulatory exemptions on nicotine.
One of the key findings of the report highlights how BATK used legal challenges to stall health regulations.
Kenya’s Tobacco Control Regulations (2014) mandated all tobacco products to carry new graphic health warnings covering 30percent of the front and 50percent of the back of cigarette packaging. These regulations were supposed to take effect in June 2015.
However, BATK challenged them in court, arguing they were unconstitutional, leading to a six-year delay in their implementation.
“In 2006, BATK and Mastermind Tobacco successfully used the same tactic to challenge a smoking ban in public places, delaying enforcement until the passage of the Tobacco Control Act in 2007,” the report
The report also reveals how BATK sought to bypass Kenya’s tobacco laws through the introduction of LYFT nicotine pouches. Instead of classifying LYFT as a tobacco product, BATK registered it as a pharmaceutical product with the Pharmacy and Poisons Board (PPB) in 2019, thereby avoiding stringent tobacco control regulations.
Despite this classification, LYFT was aggressively marketed, including through vending machines and online platforms, making it accessible to people of all ages. In 2021, authorities reclassified LYFT as a tobacco product, yet BATK continued lobbying for regulatory exemptions.
“BATK sought a separate legal framework for nicotine pouches, arguing that graphic health warnings showing diseased lungs were inappropriate since the product is not burned,” said Samuel Ochieng, CEO of the Consumer Information Network.
According to the report, BATK directly lobbied government officials, particularly within the Ministry of Health (MoH) and the Ministry of Industrialization. Investigators discovered at least 10 letters exchanged between BATK and the Ministry of Health, which contributed to delaying the implementation of graphic health warnings on nicotine pouches for five years.
A letter dated February 18, 2021, addressed to then-Health Cabinet Secretary Mutahi Kagwe, urged the government to review the Tobacco Control Act and create a separate category for nicotine pouches.
“The current graphic health warning requirements under the Act are not suitable for oral nicotine products like LYFT,” wrote BATK CEO Crispin Achola in the letter.
The report also details how BATK used economic threats to pressure regulators. The company warned it would sell its Ksh 2.4 billion nicotine pouch factory machinery, arguing that regulatory delays had left the facility idle for nearly five years.
“In a financial statement, BATK announced that regulatory uncertainty had impeded commercialization of its nicotine pouches, and to ‘protect shareholder value,’ the company had accepted offers to sell the factory,” the report states.
According to Thomas Lindi, KETCA’s national coordinator, such tactics are meant to pressure the government into weakening tobacco laws.
“The industry uses investment and job creation as bargaining chips to weaken public health policies,”
BATK also attempted to influence public opinion through media campaigns. Ahead of a public participation forum on new graphic health warnings in May 2024, BATK-backed advocates invited journalists to a closed-door meeting, promoting “harm reduction” narratives—suggesting that nicotine pouches are a safer alternative to smoking.
A coordinated media and social media campaign using the hashtag #HarmReductionKE pushed BATK’s agenda, advocating against graphic health warnings on nicotine pouches while promoting vaping and harm reduction.
In response to BATK’s tactics, the investigative report calls for stronger enforcement of existing laws and stricter oversight to prevent industry interference.
Some key recommendations include:Closing regulatory loopholes that allow products like LYFT/Velo to bypass tobacco laws.Ensuring swift resolution of court cases filed by the tobacco industry.Using media and civil society voices to counter industry misinformation.
The government must stand firm against the tobacco industry’s influence,” said Celine Awuor, CEO of the International Institute of Legislative Affairs.
“Kenya has some of the strongest tobacco control laws, but they mean nothing if they are not enforced,” she added.
The report call for policymakers and public health officials to ensure the full implementation of Kenya’s tobacco control laws, without interference from the industry.
