As vaping evolves, it's captivating to consider where this trend will lead in Malaysia. Over the last few years, the vape scene has transformed into more than just a smoking alternative; it has become a lifestyle choice for many. What does the future hold for vapes in Malaysia? Let's explore potential innovations, regulations, and market shifts that could redefine the vaping experience in the years to come.
The long-anticipated Control of Smoking Products for Public Health Act 2024, gazetted earlier this year on 2 February 2024, has now come into force on 1 October 20241. The Act regulates, among others, the registration, sale, packaging, and labelling of tobacco products, smoking substances and substitute tobacco products. It also prohibits the sale of any regulated product and provision of smoking related services to minors.
Various supplementary regulations and orders have been implemented, which take effect concurrently with the Act.
Under the newly established Control of Smoking Products for Public Health (Control of Sale) Regulations 2024, as per Act 852, which falls under the authority of the health minister without requiring parliamentary approval, retailers and individuals are prohibited from displaying tobacco products outside licensed specialized stores. Moreover, products within these stores must not be visible from outside.
The updated regulations on tobacco and vape sales also forbid the online sale of tobacco products, smoking substances, or substitutes, as well as their sale through vending machines. All vendors of tobacco and vaping products are now required to prominently display signs indicating that sales to individuals under eighteen are prohibited.
These restrictions on the sale and display of tobacco and vape products are applicable in public and private educational areas, encompassing kindergartens, schools, and universities. The regulations extend to a 40-meter radius from school boundaries and three meters from entrances in commercial buildings if an educational institution is present.
Temporary stalls and markets are also prohibited from selling tobacco and vape products.
As part of the newly enforced law, a minimum price of RM12 is mandated for packets of cigarettes, cigars, and heated products. Additionally, all tobacco and vape products must carry health warning images and text as specified by regulations.
Tobacco products, smoking substances, or substitutes must be sold in compliance with the packaging and labeling requirements outlined in the Control of Smoking Products for Public Health (Packaging and Labeling) Regulations 2024. These products must not be sold in opened packets or loose form.
Violations of these sales regulations may result in fines up to RM20,000 or one year in prison for individuals for the first offense, and up to RM30,000 or two years for subsequent offenses. Corporations face fines starting at RM20,000 (up to RM100,000) for the first offense or up to two years in prison, and RM50,000 (up to RM300,000) for subsequent violations, with potential imprisonment of up to three years.
Dr. Mohamad Haniki Nik Mohamed, an anti-tobacco activist and chief coordinator of the Certified Smoking Cessation Service Provider (CSCSP) at the Kulliyyah of Pharmacy, International Islamic University Malaysia, commended the government for implementing stricter sales restrictions, including the display ban at the point of sale.
“Malaysia should have implemented this ten years ago, it cannot be postponed any longer. 58 countries have already implemented the exhibition ban including our neighbors like Singapore and Thailand,” Dr. Mohamad Haniki told CodeBlue when contacted.
In a statement released on the eve of the law’s implementation, the Ministry of Health (MOH) outlined a dual approach for enforcing Act 852, which includes both immediate and phased measures.
Immediate actions include prohibiting sales of smoking products intended for children, banning advertising and sponsorship of smoking products, and enforcing restrictions on sales within educational settings and online platforms.
Educational enforcement will commence within six to twelve months from the date of implementation for specific aspects, such as product registration starting April 1, 2025, and compliance with packaging and labeling regulations by October 1, 2025.
“The MOH takes the harmful effects of widespread smoking very seriously, including unethical marketing and promotional activities aimed at children and adolescents.
“Therefore, Act 852, which was previously gazetted on February 2, 2024, will now come into effect along with the associated Regulations and Orders starting October 1, 2024,” the statement read.
As part of the phased implementation, the maximum nicotine concentration permitted in smoking substances is currently set at 35 mg per ml; however, this limit will be reduced to 20 mg per ml starting October 1, 2025. Additionally, the maximum volume for each cartridge or disposable pod is now 3 ml, but this will decrease to 2 ml from October 1, 2026.
Many vape products available in the Malaysian market contain 5 percent nicotine (50 mg/ml), although the majority have 3 percent nicotine (30 mg/ml). This contrasts with regulations in many countries, including Indonesia, the UK, and several European nations, where vape nicotine content is limited to 2 percent (20 mg/ml).
After several delays, Act 852 is now in effect, 10 months after Dewan Negara passed the Control of Smoking Products for Public Health Bill on December 14, 2023.
It also comes nearly 18 months after then-Health Minister Dr. Zaliha Mustafa removed liquid nicotine from the Poisons Act on March 31, 2023, allowing taxation and legalizing nicotine vapes and e-cigarettes for all ages, including minors.
The law was gazetted on February 2 after receiving royal assent on January 24.
Note: The Director General has permitted a delay in the full enforcement of the law, allowing existing stock to be sold until March 31, 2025. After this date, all vape devices sold must comply with the new regulations.
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