A long-awaited law

AT long last, Malaysia now has a specific law governing the sales and purchase of tobacco products, smoking materials, and tobacco substitute products, pending approval by the Senate.

To me, the passing of the Control of Smoking Products for Public Health 2023 Bill in the Dewan Rakyat on Nov 30 is personally significant, having lost three close family members to tobacco-related diseases. One was an uncle who had lung cancer.

I personally know the devastation that such diseases can wrought not just on the patients but also their family members in terms of physical despair, financial ruin and psychological trauma.

A specific law to deal with smoking, including vaping, should have been in place long ago given the kind of grave danger the habit poses. Each year, an estimated 27,000 Malaysians die from illnesses linked to smoking.

Prior to this, laws related to smoking fell under the Control of Tobacco Product Regulations 2004, which was parked under the Food Act 1983. Imagine that, a habit so dangerous, but there was no specific legislation to regulate the industry!

I must congratulate the Health Ministry for the foresight and courage to table the Bill, especially Health Minister Dr Zaliha Mustafa who had earlier put up the Health White Paper in the federal legislature. As a woman, I am deeply proud of her as the first female Health Minister!

Given that the passage of the Control of Smoking Products for Public Health 2023 Bill is likely to be smooth in the Dewan Negara, Malaysians can soon expect more stringent control on the sale of tobacco and tobacco-related products like cigarettes and vape.

Among others, the Bill seeks to prohibit any form of advertising, promotions or sponsorship of these products, a practice that is currently prevalent for vaping products. Once gazetted, the law will also regulate the packaging of tobacco and tobacco-related products.

Another critical provision in the soon-to-be law is the prohibition of sales of products containing liquid nicotine to minors. As we know, liquid nicotine was removed from the list of scheduled substances under the Poisons Act 1952 early this year for taxation purposes. Basically, the move allowed anyone regardless of age to legally purchase and use vaping products.

These days, vaping has become more prevalent with outlets selling the products mushrooming throughout the country. This is despite growing concerns over the long-term health impact of using these products. But with this new law, the lacuna will soon be filled.

One of the criticisms over the passage of this Bill is the failure to include the Generational Endgame (GEG) provision.

In the initial iteration of the Bill, those born on Jan 1, 2007 and onwards would be barred from purchasing tobacco and tobacco-related products.

But since the Attorney-General felt that the inclusion of the provision could be legally challenged, it was best that the Health Ministry set it aside for the time being.

This is because there are more urgent matters, such as regulating vaping products, that need to be sorted out first. As Dr Zaliha mentioned, the ministry will work out a way to include this provision in the future, and this is consistent with her stance all along.

All in all, I congratulate the Madani government, especially the tireless staff at the Health Ministry and Attorney-General’s Chambers who are going to make the country’s first smoking-related law into reality. Well done!

ROKIAH ABDUL HAMID

Petaling Jaya