British American Tobacco (BAT) Kenya has filed a High Court application to dismiss a Sh4.5 billion lawsuit challenging its marketing of VELO nicotine pouches. The company argues the petitioner bypassed established tobacco control remedies.

The suit, initiated by 23-year-old Vivian Anemba, accuses BAT Kenya of illegal promotion through events, peer promoters, and sales of individual VELO pouches in violation of the Tobacco Control Act. Anemba demands Sh1.5 billion for a public health fund, Sh3 billion in punitive damages, a product recall, and other orders.

BAT Kenya contends that the Tobacco Control Act provides specific mechanisms for addressing such complaints and that these statutory processes should be exhausted before resorting to constitutional litigation. The firm also challenges the damages claim, pointing to the Act’s requirement for licensed tobacco companies to pay a 2% solatium levy, which funds public health initiatives and tobacco harm research.

The company further highlights that alleged offences under the Act are cognisable, allowing police to act without a warrant, and urges the court to allow these enforcement measures to proceed first.

The petition alleges VELO promotions occurred in Syokimau during June and July, involving branded vehicles, product displays, and peer promoters, including university students. The petitioner’s legal team claims the campaign was nationwide, involving commission-based promoters and retail sales of single pouches priced between Sh30 and Sh40.

Besides seeking to halt VELO marketing and order a product recall, the petition requests regulatory audits, investigations, and prosecution of BAT officials. It also asks for Sh500 million as security pending determination and Sh10 million for costs.

BAT Kenya’s VELO product was launched in 2022, suspended sales at the end of 2023 amid regulatory review, and resumed in July 2025. The product contributed Sh232 million in revenue in the six months to December 2025 and is expected to account for 15–25% of total revenue as the company grows its oral nicotine segment.

The court is set to mention the case on September 1, 2026.