Introduction
On 30th September 2026, the Federal Competition and Consumer Protection Commission (‘the Commission’ or ‘FCCPC’) published the Draft Sales Promotion (Amended) Regulation, 2026 (‘the Draft Regulation’) for stakeholder and public review. The Draft Regulation was issued pursuant to sections 17, 18 and 163 of the Federal Competition and Consumer Protection Act 2018 (‘FCCPA 2018’), which gives the FCCPC statutory right to issue guidelines, policies and regulations for consumer protection and the effective implementation of the provisions of the Act. The Draft Regulation is aimed at amending the Consumer Protection (Sales Promotions) Regulation, 2005 (‘the 2005 Regulation’), modifying the applicable fees and introducing contemporary areas relating to sales promotion.
This newsletter examines the key provisions of the Draft Regulation, the contemporary areas of sales promotion and how they depart from the existing regulation.
Key Provisions of the Draft Regulation
The Sales Promotion (Amended) Regulation, 2026 applies to all undertakings (that means any person involved in the production of, or the trade in goods or the provision of services) and promotional activities in every sector, expressly including lotteries, mobile applications, social media, e-commerce and other digital platforms, and any promotion having effect on Nigerian consumers regardless of the promoter’s location.
The Draft Regulation requires every promoter to register with the Commission for each promotion before any public announcement, launch or commencement. For promoters, the application process requires the promoters to pay an application fee and provide all necessary details of the proposed promotion, including participation requirements, public access to the promotion, award/prize, odds of winning, terms and conditions (where applicable), mode of redeeming the award and so on. Within five (5) working days, the Commission shall acknowledge payment of the application fee and approve a complete application within twenty-one (21) working days. Upon approval, the Commission shall issue the promoter with a certificate which shall last for the duration of the promotion or one year, whichever is shorter, with an option of renewal 30 days before expiration of the certificate. The Draft Regulation provides that promotions with a total prize value not exceeding N500,000 (Five Hundred Thousand Naira) may proceed on a simplified, fee-exempt notification process, without relief from the duties of fairness and transparency.
The Draft Regulation also introduces four modern promotional channels, including:
- Digital & Online Promotions: Promoters of digital and online promotions are prohibited from propagating misleading online promotions, especially as it relates to the nature, price, availability or duration of an offer, the existence of a discount or promotional benefit and the terms and conditions of a promotion. The claims made through digital means must be capable of substantiation by the promoter. A platform or intermediary that hosts a non-compliant promotion is jointly and severally liable with the promoter.
- Influencer and Affiliate Marketing: Paid relationships such as “collaboration” or “ambassador” must be clearly disclosed at the time of communication with the consumers. Promoters and influencers are jointly and severally liable for false or misleading representations made in promotional activity. Influencers, affiliates, or brand ambassadors promoting content relating to regulated sectors are required to possess relevant qualifications and certification or license to make any publication, endorsement or commentary for promotional content.
- Artificial Intelligence and Automated Marketing: Undertakings deploying AI or automated marketing systems must be registered with the Commission, be accountable for claims generated or communicated by such systems, be identifiable, and operate with a system that retains consumers’ right to opt out of the marketing communication.
- Cross-Border promotions and E-Commerce Transactions: This provision applies to foreign promoters domiciled within or outside Nigeria, focusing on Nigerian consumers. Promoters conducting cross-border e-commerce activities focusing on Nigerian consumers shall designate a local representative or contact person in Nigeria responsible for compliance with the regulation and for the receipt of any correspondence or enforcement notice issued by the Commission.
Distinction from the Previous Regulation
The 2005 Regulation, as implemented through the Commission’s Guidelines for Sales Promotion Registration, operates as an approval and monitoring framework for conventional promotions and is silent on influencers, artificial intelligence and platform liability. The Draft Regulation recognises a shift from a registration exercise to a comprehensive conduct code with cross-border reach.
The application procedure also changes. Under the 2005 Regulation, an application is made at least twenty-one (21) days before commencement, with a decision within seven working days and a 48-hour emergency approval for a premium fee of N500,000 (Five Hundred Thousand Naira). The Draft Regulation, however, provides an extended approval duration of twenty-one (21) working days and does not appear to retain an emergency route, so promoters are expected to plan longer ahead of the proposed promotion.
The sanctions and penalties under the 2005 Regulation include a N10,000,000 + assessed fee sanction for non-registration of the promotion, N5,000,000 + assessed fee for commencement of promotion without the approval of the Commission, and so on. Under the Draft Regulation, a natural person may be liable to an administrative penalty of not more than N50,000,000, and a body corporate may be liable to not more than N100,000,000 or 1% of preceding-year turnover, whichever is greater. In this case, the directors of the defaulting body corporate are liable as natural persons and may be disqualified as a director for up to five (5) years.
Appeal to a decision of the Commission shall be made to the Competition and Consumer Protection Tribunal within twenty-eight (28) days under the Draft Regulation. The appeal is legally accurate in principle but does not automatically operate as a stay of enforcement unless ordered by the Tribunal or Court. An appeal under the 2005 regulation is made to the Director General of the Commission within seven (7) working days.
Conclusion
The Sales Promotion (Amended) Regulation, 2026 is not yet law and can only take effect upon being enacted and published in the Federal Gazette. The Commission has invited inputs, comments and recommendations on or before 20th October 2026, by hard copy or by email to salespromoRegulation2026@fccpc.gov.ng.
Affected stakeholders may wish to review the draft regulations and consider submitting comments to the FCCPC before the consultation deadline.
This newsletter is provided for general information purposes only and does not constitute legal, regulatory, or professional advice. While reasonable care has been taken in preparing this publication, readers are advised not to rely on its contents as a substitute for specific legal advice. Institutions and individuals are encouraged to consult their legal, compliance, or other professional advisers before acting on any information contained in this publication.
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