Some good points to celebrate in anti-smoking Bill


THE good news is that the Dewan Rakyat passed the long-awaited Control of Smoking Products for Public Health Bill 2023 on Thursday.

The bad news is the provision dubbed the generational end game (GEG) has been removed from the Bill – and that is a badly missed opportunity for Malaysia.

It would have banned those born in 2007 and onwards from purchasing smoking products with the intention of creating an entire generation of Malaysians who don’t smoke.

The GEG element was part of the Bill tabled for the first reading in June 2023 when the original version of the Bill was known as the Control of Tobacco Products and Smoking Bill 2022.

There was immediate pushback from industry stakeholders, of course, with talk of government revenue being lost and the illegal trade in cigarettes expanding.

Ultimately, the push was strong enough to get GEG thrown out for the second reading last Thursday.

But even if watered down, at least the Bill was finally passed, and that is cause for some celebration because it has its good points.

ALSO READ: Anti-smoking Bill passed in Dewan Rakyat

It will, for instance, bring some form of control to vaping, which is currently almost completely unregulated; the Bill forbids underaged smokers from vaping or purchasing vape products, which is among a list of other tobacco substitute products that minors aged below 18 will not be able to purchase or use.

The Bill will also prohibit the sale of all tobacco products and smoking substances to minors.

Any substances or combination of substances for smoking, such as nicotine, propylene, glycol, glycerol and triethylene glycol, which are used in vape, are on the prohibited list.

Minors who buy tobacco products, smoke substances or substitute tobacco products can be fined not more than RM500 or be ordered to do community service pursuant to the Criminal Procedure Code or the Child Act 2001.

ALSO READ: Anti-smoking bill prohibits minors from buying and using vape

According to Clause 13 2(a) of the Bill, a person found to have committed an offence of selling tobacco products, smoking substance or substitutes to smoking products, or providing any services for smoking to a minor will be fined not more than RM20,000 or imprisoned for not more than one year or both.

Reaction to the Bill from both sides of the political divide was mixed with some MPs disappointed that the GEG clause was thrown out in view of the surge in youth vaping – children as young as 13 are indulging.

While the Bill at least prohibits them from vaping until they’re 18 and above, it does nothing to stop them from picking up ecigarettes once they are of age and, as many studies have proven, eventually moving on to cigarettes.

What a pity.

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