The International Institute for Legislative Affairs (IILA) released a fact sheet in October 2026 warning that tobacco companies could exploit regional trade frameworks such as the East African Community (EAC) and the African Continental Free Trade Area (AfCFTA) to undermine national tobacco‑control laws.

The document identifies four key concerns: cross‑border movement of tobacco products, industry influence on legislative discussions, legal challenges to control measures, and the use of investment‑protection clauses in trade agreements.

IILA chief executive Celine Awour says the interference extends beyond health ministries, urging that Article 5.3 of the WHO Framework Convention on Tobacco Control be fully implemented across all government bodies involved in trade.

Awour stresses that safeguards against conflicts of interest must cover ministries, departments and agencies beyond the health sector, and that trade negotiations need coordinated input from health and trade institutions.

The fact sheet notes that tobacco firms may centralise production in a single country and use regional customs unions to move products across borders, potentially weakening public‑health measures in neighbouring states.

It also flags industry arguments presented to parliamentary committees—such as claims that higher tobacco taxes fuel illicit trade—as unverified narratives that require independent fact‑checking.

The study references Kenya’s recent legal challenge to its shisha ban as an example of procedural gaps that the tobacco industry can exploit in trade‑related disputes.

Development economist Dr Peter Magati of Development Hub says the research, which consulted officials from Kenya’s Ministry of Trade, Kenya Revenue Authority, National Treasury and Ministry of Health, pinpointed the East African Customs Union as a specific avenue for industry challenges.

Magati warns that policymakers sometimes repeat industry‑supplied technical statements without verification, creating an “echo chamber” that advances tobacco interests.

The fact sheet recommends making all industry submissions to trade and finance ministries publicly accessible, involving the Ministry of Health in AfCFTA implementation, strengthening evidence‑based fact‑checking, and safeguarding tobacco track‑and‑trace systems.

IILA concludes that stronger coordination between health and trade institutions is essential to ensure regional trade arrangements do not erode national tobacco‑control efforts.