Pack it up: The Control of Smoking Products For Public Health Act (Act 852) stipulates a display ban on all tobacco and vape products in retail outlets.
Enforcement to be done in stages by Oct 1
PETALING JAYA: The Health Ministry is cooperating with smoking product retailers to ensure that they comply with display requirements by Oct 1.
The ministry said in a statement yesterday that enforcement would be done in phases under the Control of Smoking Products For Public Health Act (Act 852), which came into effect on Oct 1, 2024.
Under Regulation 6, the display ban at counters was scheduled to come into effect on April 1 this year, involving some 51,000 retailers.
It said keeping the products in a closed cabinet is the best way to restrict display compared to covering them with a cloth or canvas.
This was based on implementation in other countries.
The ministry said this is important to prevent breach of display laws, where retailers may indirectly promote the product.
“The Health Ministry will continue to work with retailers to ensure they install closed cabinets according to the specifications and that enforcement is monitored closely from time to time.
“This process is expected to be completed by Oct 1, 2025,” it said.
“Since the enforcement of the Act, the ministry has always ensured that all rules are enforced according to the designated timeline, including education and advocacy enforcement, which are being conducted continuously.”
It added that enforcement will be done in phases to ensure effective compliance.
Ministry officials said the soft-landing approach will take place between April 1 and Sept 30. After that period, offenders will be penalised with fines.
The Act prohibits point-of-sale display of smoking products at eateries and retail stores, and stipulates a display ban on all tobacco and vape products in retail outlets.
It also covers regulations on registration, sale, packaging, labelling and prohibition of smoking in public places.
The Star reported on March 13 that Kuala Lumpur, Penang and Selangor were ready to enforce the ban effective April 1 after having informed retailers about the move earlier.
Meanwhile, Consumers Association of Penang president Mohideen Abdul Kader expressed concern that the new mandatory requirement for an opaque closed shelf to store tobacco products might be used as an excuse to further delay the full enforcement of the ban.
“A lot of these shops currently selling tobacco products do not have the space behind the counter to install such a cabinet.
“We are worried that they might use the planned renovation of the counter area as an excuse to further delay the planned full enforcement of the ban even after the six months are up,” he told The Star.
He also said the six-month period given is excessive and unnecessary compared to other countries, which have implemented and enforced similar bans immediately after they were announced.
Petaling Jaya Coffeeshop Association president Keu Kok Meng said a switch to closed cabinets could encourage more shops to sell illegal tobacco products.
“With all the products hidden behind closed doors, it will be easier for shops to sell illegal products while making it harder for consumers to report these shops.
“Shops in smaller towns or rural areas will be especially tempted to sell them because of the higher profit margins as they can now easily hide them behind the closed cabinets,” he said.
He added that the new six-month phased enforcement period is adequate for most shops to install closed cabinets.
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