PETALING JAYA: The online sale of nicotine pouches, which come under the Poisons Act, is an offence, says the Health Ministry.
These pouches, which sellers often market as an alternative for smokers, are classified as Group C Poisons under the Act, which means their sale or supply is restricted to authorised persons such as licensed pharmacists or registered medical practitioners.
“Retail supply is only allowed as a dispensed medicine for specific individuals,” said the ministry’s Disease Control Division and Pharmacy Enforcement Division.
“As such, the sale or supply of nicotine pouches online or through other channels by unauthorised persons may constitute an offence under the Poisons Act and may be subject to enforcement action,” it said in a statement to The Star.
The ministry explained that products containing nicotine should not be sold, supplied, advertised or marketed openly unless it complies with the relevant legal requirements under existing laws.
“This includes requirements relating to possession, sale, supply, labelling, claims, advertising and online sales,” it added.
The Star reported on May 29 that nicotine pouches were being sold online with few restrictions. These products were also marketed as a “healthier alternative” to smoking.
A consumer group has voiced concerns that students are buying them online due to the cheap prices.
According to the ministry, any claim describing a nicotine pouch or other nicotine-containing product as “not cancer inducing”, “non-carcinogenic”, “safe”, “harmless” or of reduced health risk must be supported by adequate scientific evidence and comply with applicable laws.
“This is consistent with the World Health Organisation’s recent warning that nicotine pouches are being marketed rapidly, including to young people, and may create a misleading perception of lower risk,” said the ministry.
“Nicotine remains an addictive substance capable of causing dependence, particularly among children, adolescents and non-users,” the ministry added.
The ministry said the matter would be further reviewed and appropriate enforcement action would be taken, including assessing products and online marketing claims for possible regulatory breaches.
It also revealed that a raid was carried out at a premises in Selangor in January where 39 products linked to nicotine pouches were seized.
Asked about a particular brand of nicotine pouch that was being sold online, the ministry said its sale might have violated the Control of Drugs and Cosmetics Regulations 1984.
The ministry found through its review that the product, which was being advertised and sold online, contained various nicotine strengths.
“The products are suspected to contain nicotine, which is controlled under the Poisons Act, and searches of the National Pharmaceutical Regulatory Agency database did not find such products registered with the ministry.”
In Malaysia, the Control of Smoking Products for Public Health Act does not cover products that are not used for smoking or do not contain tobacco.
This Act regulates “tobacco product”, which refers to processed tobacco or any product that contains tobacco that is designed for human consumption.
Misleading marketing: The Star’s report on May 29 highlighted the trend of nicotine pouches being sold online freely under the guise of a ‘healthier alternative’ to smoking, putting in particular minors who have access to the product at risk.
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