Tag: Malaysia

Malaysia Pushing Forward on Bill to ‘Endgame’ Vapes

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The Malaysian government is pushing forward a bill that seeks to ban vaping and smoking for those born from 2007, after making amendments following resistance from some lawmakers.
Health Minister Khairy Jamaluddin said he hopes the legislation – dubbed a “generational endgame” (GEG) – will receive the support of lawmakers when it is tabled at the next parliament session in October.
It was referred to a parliamentary select committee in August for further scrutiny amid criticism that some of its features would infringe on personal freedom.
“The enforcement powers really are focused and restricted only against distribution, manufacturing and supply,” Khairy said during a Sept. 23 group interview, according to media reports. “We’ve clarified that in the latest amendments, so if you contravene the law in terms of GEG smoking offence, then the enforcement officer cannot frisk you, they cannot take away your computer or your phone or things like that.”
Malaysian lawmakers last month delayed a vote on the bill and referred it to the select committee to examine and make recommendations for improvement.
The bill also bans those born after 2007 from buying, possessing or using tobacco and other related products even after they reach 18.
Shopkeepers and distributors will be prohibited from selling such products to anyone in the age group under the proposal.
September 25, 2022
Hospitality Set Frets About ‘Generational Endgame’ Bill

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Representatives of the hospitality business have asked the government of Malaysia to consider the impact of its proposed “generational endgame” (GEG) law on operations of food and beverage outlets in the country, reports the New Straits Times.
On Feb 17, Minister of Health Khairy Jamaluddin announced that Malaysia would introduce bold new legislation to ban smoking and vaping and possession of tobacco products and e-cigarettes for people born after 2005.
“We are supportive of the Health Ministry’s agenda in reducing the number of smokers in the country,” said Wong Teu Hoon, president of Malaysian Singapore Coffeeshop Proprietors’ General Association (MSCSPGA) “However, we strongly believe any new measures should be carefully evaluated when it has a socio-economic impact.”
The MSCSPGA, which has 43 affiliates under it, is one of the largest trader associations in the country, boasting a membership of 20,000 coffeeshop operators nationwide, and employing some 500,000 people.
Wong’s view was echoed by C. Krishnan, deputy president of the Malaysian Indian Restaurant Owners Association, who called for a detailed study and consultation with the retailers and other stakeholders.
Krishnan worries that the ministry has insufficient manpower to control and inspect every tobacco-based product purchase.
“Therefore, we (retailers) automatically become the frontliners in the implementation of the GEG bill,” he said. “Let’s not forget the issue of asking for identity cards. We are afraid that this will lead to arguments and unpleasant situations in our outlets, which any coffeeshop owner knows is bad for business.”
September 23, 2022
Malaysian Think Tank Wants Change to Tobacco Ban Bill

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A think tank in Malaysia has urged the Parliamentary Special Select Committee (PSSC) reviewing the tobacco generational endgame (GEG) bill to remove Clause 17 of the legislation.
The clause criminalises smoking, vaping as well as the possession of any tobacco products or smoking devices by those born in 2007 and onwards.
Galen Centre for Health and Social Policy chief executive officer Azrul Mohd Khalib said the law should instead put the burden on retailers, companies and corporations to not sell or supply tobacco and vape products to the GEG generation.
“Clause 17 makes the proposed legislation vulnerable to accusations of selective [prosecution], creates stigma and discrimination and marginalizes a group of people who will need support and assistance,” said Azrul in a statement. “Despite our best efforts, in the future there will be people in the GEG group who smoke and vape, and become addicted to nicotine. Should they be punished?
“The legislation should ensure that it is an offence to legally sell or supply tobacco or vape products to those born from Jan 1, 2007.”
Azrul stressed that anyone addicted to nicotine has the right to be treated equally under the law, with compassion and dignity.
He said the GEG bill should not be allowed to disproportionately affect young people, people from low income groups and vulnerable populations.
August 15, 2022
Generational Vape Ban Violates Basic Rights say Critics

Malaysia’s proposed Control of Tobacco Product and Smoking Act breaches basic human rights, according to the nation’s leading tobacco industry group. Tabled for its first reading on July 27, the bill bans individuals born in 2007 or later from smoking, buying or possessing tobacco and related products. Offenders face stiff penalties, including imprisonment.
The Confederation of Malaysian Tobacco Manufacturers (CMTM) says adult Malaysians are protected under Section 6 of the Consumer Protection Act 1999, which allows them to make their own choices without worry of prejudice or repercussions.
“Moreover, these laws give the authorities too much power as it allows them to check your personal details, raid your home, inspect your telephone or luggage and access your personal details,” the group said in a statement dated July 31 and cited by the Malay Mail.
“Then you will have to give them your password, face arrest, be subject to body checks and see your home entered without permission for inspection.
“In the end, instead of creating a smoke-free generation, we are creating a generation of criminals who are being punished for buying a product others can buy.”
The CMTM also argued that prohibition will boost the illegal tobacco trade, which currently supplies 60 percent of the market estimated at MYR5 billion ($1.12 billion). The group said individuals will have to hide their habit and be stigmatized as criminals.
Meanwhile, the Special Parliamentary Select Committee on Health, Science and Innovation has urged the government to ease the punishment for teenagers caught smoking cigarettes, according to the New Straits Times.
Instead of threatening jail time, the law should penalize juvenile offenders in practical and positive ways, through community service or mandatory counseling sessions for example, the committee argued.
“We are also concerned over aspects of enforcement power in the bill itself, especially involving juveniles and even children,” said committee chairman Kelvin Yii.
“The power to inspect, possibly conduct body checks and punish a child for possession must be heavily controlled to prevent abuse. This is why the guidelines for enforcement must be very clear and specific on this to ensure the vulnerable, especially the poor, are not victimized by the law.”
August 1, 2022
Malaysia’s Generational Tobacco Ban Clears Cabinet

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Malaysia’s Cabinet has approved the Tobacco and Smoking Control Bill, reports The Star.
“I will be sending [the Bill] to Parliament for this session,” Health Minister Khairy Jamaluddin told reporters during the presentation of a new drug perception study report on July 14.
Among other provisions, the bill calls for a ban on sales of cigarettes, tobacco and vapor products to those born after 2005.
The proposed law is modeled on legislation in New Zealand, which in December 2021 revealed a plan to phase out smoking by gradually raising the smoking age until it covers the entire population.
Presently, some 40.5 percent of men and 20 percent of women smoke in Malaysia.
July 17, 2022
Study: 49% of Malaysians Vape to Cut Smoking

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Nearly half (49 percent) of Malaysian smokers choose to vape to cut down on cigarette consumption or quit smoking completely, reports The New Straits Times, citing a 2021 survey of 500 people carried out by Kantar Group
“This appears consistent with mounting scientific evidence that smokers prefer vaping and is effective to help them kick the habit,” said Delon Huma, president and CEO of Health Diplomats, a health, nutrition, and wellness consulting group.
“Available evidence so far shows that most smokers want to quit the habit. For example, in the United Kingdom, around two-thirds of smokers, regardless of their social group, want to stop smoking, and vaping has become the method of choice to quit smoking in that country,” Human said.
The survey also found that 52 percent of Malaysian smokers perceive vaping to be less harmful than smoking cigarettes. Eighty-six percent said that vaping should be made available to smokers as a less harmful product, and 90 percent believed that vaping should be actively promoted as a less harmful alternative to smoking cigarettes.

This study shows vaping in Malaysia has great potential to help the government reduce smoking prevalence as it is a popular tool used by smokers to cut down and quit smoking.
Delon Human, president and CEO, Health Diplomats
“Studies on the use of e-cigarettes have pointed to the fact that vaping is not risk-free but significantly less harmful than smoking cigarettes,” said Human. “Interestingly, the rate of Malaysian smokers understanding this fact is high compared to other countries,” he said.
In the U.K., by contrast, only 29 percent of smokers believe vaping was less harmful than smoking, despite the country’s adopting a harm reduction approach in encouraging cigarette smokers to switch to vaping, according to Human.
Malaysia is currently contemplating new rules for e-cigarettes.
Most of the Malaysians surveyed support regulations for e-cigarettes and believe they should be regulated as consumer products instead of medicinal products.
At the same time, 81 percent believe regulations must be put in place to ensure the products are not defective and meet product and quality standards and are not sold to minors or underage children.
“This study shows vaping in Malaysia has great potential to help the government reduce smoking prevalence as it is a popular tool used by smokers to cut down and quit smoking,” said Human.
June 6, 2022
Malaysia Vape Industry Players Want Regulations to Begin
Credit: Krzysztof Wiktor
In order to avoid a total ban vaping products, some Malaysian vaping industry players are urging the government to implement long-delayed regulations for the industry.
The Malaysia Retail Electronic Cigarette Association (MRECA) president Datuk Adzwan Ab Manas, in a statement, said a taxation framework for e-liquids with nicotine was supposed to be implemented from Jan. 1 this year, but has been delayed for four months because the Ministry of Health (MoH) still has not implemented regulations for the industry.
The delay has not only left the industry in limbo but has resulted in the government listing more than RM750 million ($172 million) a year in tax revenue, according to the Malay Mail.
“Furthermore, the MoH’s proposal to ban the sale of vape along with cigarettes, although the two products are different, is akin to declaring war on the local vape industry especially for the 3,000 local entrepreneurs and 15,000 employees in the industry,” Ab Manas said.
The president of the Malaysian Vape Industry Advocacy (MIVA), Rizani Zakaria, agrees with Adzwan. Zakaria said the ban is unfair as vape and cigarettes are two very different products.
Rizani was reported saying international studies show vaping is less harmful and can be used to help cigarette smokers quit smoking.
May 6, 2022
Malaysia Readies to Legalize Vaping After Lengthy Debate

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Malaysia’s longtime ban on the sale of vaping products is set to end, according to the Malaysian Organization of Vape Entities (MOVE).
Taking effect on Aug. 3, the regulation of vaping devices precedes the imminent legalization of vape sales. It follows years of campaigning by MOVE and other tobacco harm reduction supporters.
The Malaysian government has now moved to gazette the Trade Descriptions (Certification and Marking) of Electronic Cigarette Devices Order 2022 under the Trade Descriptions Act 2011. Manufacturers and importers will need to ensure all devices are certified and labeled to show consumers that safety standards have been met and the products are safe to use. All e-liquids will need to be registered.
“This is historic news after a long-fought battle. It paves the way for a legalized market and safer products. Regulating vaping products, restricting sales to adults and applying significant penalties to any breaches will help many more Malaysian smokers to quit deadly cigarettes,” said Samsul Kamal Ariffin, president of MOVE.
Ariffin said that in recent months there have been frustrating parliamentary delays in progressing the Tobacco and Smoking Control Bill—not helped by the pending general election. However, with the safety standards now gazetted, it sets in train the legalization of vape sales.

Regulating, not banning, vaping will not only save smokers lives, [but] it will generate much-needed tax revenue for our country.
Samsul Kamal Ariffin, president, MOVE
“Regulating, not banning, vaping will not only save smokers lives, [but] it will generate much-needed tax revenue for our country, which is desperately needed post-pandemic,” said Ariffin. “This is not only good news for smokers and their loved ones, but every Malaysian will benefit from the extra revenue gained from vape manufacturing, importing and sales. Up until now, it has been a black market with unapproved products not contributing tax and with no safety assurances.”
“The government has done well in preparing the legislation and regulation of products deemed 95 percent less harmful than combustible tobacco. It fully understands that making safer nicotine products legally accessible is the only way to seriously reduce Malaysia’s unnecessarily high smoking rates,” said Ariffin.
The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA), too, expects Malaysia’s smoking rates to decline after the legalization of vapor products. “Malaysia will join 67 other progressive countries worldwide which have adopted regulatory frameworks on safer nicotine products. Importantly, all of them have subsequently registered a dramatic decline in smoking,” said Nancy Loucas, executive coordinator of CAPHRA.
“We’re particularly proud of our member organization MOVE and Samsul’s tireless advocacy over many years. The third of August is worthy of a big celebration and will be well noted across the Asia-Pacific region. Vaping bans fail badly—as Australia is discovering the hard way,” said Loucas.
April 11, 2022
Malaysia: July Intro for Post-2005-Birth Nicotine Ban Bill
A new law in Malaysia that would ban the use of all vaping and other tobacco products for those who were born after 2005, will be presented to Parliament in July, said the country’s health minister, Khairy Jamaluddin.
This means that Malaysians who are 17 years old today will not be able to legally buy tobacco, vape, or e-cigarettes next year when they turn 18, the current legal age for smoking in Malaysia, or ever, in their lifetime. Neither will subsequent generations be ever permitted to purchase cigarettes and other smoking products.
Jamaluddin said that the bill was currently being finalized by the Attorney-General’s Chambers.
Credit: Krzysztof Wiktor
“I think in one to two weeks it will be completed, and then I can present it to the Parliamentary Select Committee on Health and Technology,” he told the media after the launch of the national-level community health agent, MyCHAMPION, according to Malay Mail.
Earlier, in his speech, Khairy said that the introduction of the new law related to cigarettes was one of the efforts of the Ministry of Health (MOH) in intensifying the smoking cessation campaign among Malaysians.
“We will introduce a new law so that it is a legal offence to sell cigarettes to anyone born after 2005. But I think this is the first step towards us ending smoking for a generation. It is a generational end game,” he said. “Indeed enforcement will be a challenge. Nothing to stop these young people from asking adults to buy cigarettes for them.”
The government previously announced during the tabling of Budget 2022 plans to tax vape and e-cigarette liquids containing nicotine, essentially illegalizing vape products that are presently under a grey area of regulation.
It should be noted that tabling a bill means to introduce the bill to legislature in every country but the United States, where tabling means to place an already introduced bill on hold.
March 27, 2022
Doctor Says EVALI is Often Used in Wrong Context
E-cigarette and vaping-associated lung injury (EVALI) is a term that is coming up more often in countries like Malaysia that are just beginning the journey towards regulating next-generation tobacco products.
Dr. Kumar Subaramaniam, based in Malaysia, says he finds the increased usage of the term EVALI worrisome, as it is often discussed in the wrong context, according to the New Strait Times. Kumar said that the issue lies with certain parties, who bring up EVALI at the mention of vaping, while repeating and spreading mistruths about vaping.
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When the U.S. Centers for Disease Control and Prevention (CDC) identified the real culprit behind the EVALI outbreak, the presence of vitamin E acetate that was added into illegal tetrahydrocannabinol (THC) products, Kumar said the CDC’s slow reaction to announcing the cause caused the mishap that left a bad reputation on vaping, which was touted to give many smokers a chance to quit smoking tobacco products for good.
“So, it was not vaping that was the problem, rather the misuse and abuse of the products. But the damage has been done and the half-baked truths surrounding EVALI live on to this day,” he says. “The EVALI saga should not be used as a ‘boogeyman’ to dissuade us from seeking to regulate vaping and adopt a ‘zero-tolerance’ attitude. In fact, the EVALI saga in the U.S. shows above all the importance of regulations.”
Kumar believes that Malaysia needs to regulate vaping for the safety of its users. Regulations will allow the authorities and consumers themselves to be sure that the e-liquids in the market meet regulatory standards.
Perhaps regulations will pave the way for a greater understanding of how vaping, which is scientifically proven to be a less harmful alternative to smoking, can help the estimated five million smokers in the country kick the habit, he says. “If we are to move forward in this country and put an end to the menace that is smoking, we need to arm ourselves with good science, facts and data,” said Kumar. “
February 19, 2022