Firmer laws, clearer goals put implementation on track, says minister
PUTRAJAYA: With stronger legal foundation and clearer public health needs, the country would be in a better position to implement a gradual ban on vape products.
Full enforcement of the Control of Smoking Products for Public Health Act 2024 began yesterday, covering all types of smoking products, including electronic cigarettes or vapes.
Health Minister Datuk Seri Dr Dzulkefly Ahmad (pic) said the government is firm in its stance to implement a comprehensive ban on vapes to protect public health and safeguard the younger generation from nicotine addiction.
“To date, there have been no issues of delay in implementing this policy, and the proposed implementation by the Expert Committee on Electronic Cigarette or Vape Control remains on schedule as planned. The Cabinet Memorandum is expected to be presented in early October,” he told The Star in an interview.
He said the current phased approach, which includes educational institutions and government agencies, demonstrates a more structured implementation strategy.
“Therefore, with a stronger legal foundation, clearer public health needs, and a more strategic and comprehensive implementation approach, the country is now in a better position to implement the gradual ban on vape products, moving towards full implementation in the near future,” he said.
Dzulkefly said the regulation of smoking products has been a long effort.
“Malaysia has long demonstrated its commitment to tobacco control at the global level through the signing of the WHO Framework Convention on Tobacco Control in 2003 and its ratification in 2005.
“The Control of Tobacco Product Regulations 2004 were formulated as a tobacco product control measure under the Food Act 1983,” he said.
However, he said the legal provisions at the time were inadequate to regulate new products such as vapes, which began to flood the Malaysian market in 2015.
“Electronic cigarettes or vape were aggressively promoted, while the enabling powers under the Food Act did not allow comprehensive control over all forms of smoking products,” he said.
In response to these concerns, the Cabinet on Oct 28, 2016, decided to implement controls over nicotine-free vape liquids and to draft a new law.
Meanwhile, vape liquids containing nicotine continue to be regulated under the Poisons Act 1952, in line with existing provisions for scheduled poisons.
On April 1, 2023, the Finance Ministry introduced an excise duty on vape liquids containing nicotine, along with an exemption from control under the Poisons Act 1952 to allow the gazettement of the tax rate.
“This step indirectly highlighted the urgent need for a specific legal framework, thereby accelerating the drafting process for a new Act,” added Dzulkefly.
