Last updated: November 11, 2021
Regulated Contents in Cigarettes
Are contents and/or ingredients of cigarettes regulated?
Ministry of Health
The Tobacco Control Act authorizes the Minister of Health to regulate or prohibit the use of harmful constituents or ingredients in tobacco products. However, the Minister has not yet issued such regulations.
Are cigarette emissions regulated?
Ministry of Health
The Tobacco Control Act authorizes the Minister of Health to prescribe permissible levels of "tar, nicotine and such other constituent of tobacco products or their emissions." While the Minister has not yet issued such regulations, there is a Kenya Bureau of Standards Specification for Cigarettes (592:2000) that limits nicotine to 2.2 mg per cigarette. This same standard classifies cigarette brands into “low tar” (0 to 10 mg), “medium tar” (11 to 17 mg), and “high tar” (18 to 25 mg) and requires cigarette packages to carry the tar band. However, this provision of the Cigarette Specifications should be rendered inactive by Sec. 21(5) of the Tobacco Control Act, which prohibits labeling with quantities of emissions, including tar. Because of the conflicting provisions, the regulatory status code “Uncertain” is given.
Sugars and sweeteners (other than those added to replace sugars lost during the curing process)
Examples of sugars and sweeteners include: glucose, molasses, honey and sorbitol.
The law authorizes the Minister of Health to regulate or prohibit the use of harmful constituents or ingredients in tobacco products; however, such regulations have not yet been issued. Therefore, the use of sugars and sweeteners in cigarettes is allowed.
To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law or regulations should prohibit or restrict the use of ingredients used to increase palatability such as sugars and sweeteners in cigarettes.
Menthol, mint or spearmint (including analogues and derivatives)
The law authorizes the Minister of Health to regulate or prohibit the use of harmful constituents or ingredients in tobacco products; however, such regulations have not yet been issued. Therefore, the use of menthol, mint, and spearmint in tobacco products is allowed.
To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law or regulations should prohibit or restrict the use of ingredients used to increase palatability such as menthol, mint, or spearmint in cigarettes.
Spices and herbs (excluding mint)
Examples include: cinnamon and ginger.
The law authorizes the Minister of Health to regulate or prohibit the use of harmful constituents or ingredients in tobacco products; however, such regulations have not yet been issued. Therefore, the use of spices and herbs (excluding mint) in cigarettes is allowed.
To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should prohibit or restrict the use of ingredients used to increase palatability such as spices and herbs (excluding mint) in cigarettes.
Other flavorings (not covered above)
Includes fruit flavorings. Examples of flavoring substances include benzaldehyde, maltol and vanillin.
The law authorizes the Minister of Health to regulate or prohibit the use of harmful constituents or ingredients in tobacco products; however, such regulations have not yet been issued. Therefore, the use of other flavorings (not covered above) in cigarettes is allowed.
To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should prohibit or restrict the use of ingredients used to increase palatability such as other flavorings (not covered above) in cigarettes.
Ingredients that facilitate nicotine uptake
Examples include: ammonia.
The law authorizes the Minister of Health to regulate or prohibit the use of harmful constituents or ingredients in tobacco products; however, such regulations have not yet been issued. Therefore, the use of ingredients in cigarettes that facilitate nicotine uptake is allowed.
To further FCTC Arts. 5.2 and 9, the law or regulations should regulate ingredients that facilitate nicotine uptake, such as ammonia.
Ingredients which may create an impression of health benefits
Examples include: vitamins, such as vitamin C and vitamin E, fruit and vegetables (and products resulting from their processing such as fruit juices), amino acids, such as cysteine and tryptophan, and essential fatty acids such as omega-3 and omega-6.
The law authorizes the Minister of Health to regulate or prohibit the use of harmful constituents or ingredients in tobacco products; however, such regulations have not yet been issued. Therefore, the use of ingredients in cigarettes that may create an impression of health benefits is allowed.
To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law or regulations should prohibit the use of ingredients in cigarettes that may create an impression of health benefits.
Ingredients associated with energy and vitality
Examples include: caffeine, guarana, taurine and glucuronolactone.
The law authorizes the Minister of Health to regulate or prohibit the use of harmful constituents or ingredients in tobacco products; however, such regulations have not yet been issued. Therefore, the use of ingredients in cigarettes that are associated with energy and vitality is allowed.
To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should prohibit the use of ingredients in cigarettes that are associated with energy and vitality.
