Malaysia tightens regulations on tobacco and vaping products

The Public Health Tobacco Products Control Act, 2024 (Act 852), which comes into force on 1^er October, will implement stricter regulations on the consumption, sale and display of tobacco and vaping products in Malaysia[1].

The Ministry of Health (MOH) said in a statement that provisions on the sale of tobacco and nicotine products designed as toys to attract the attention of children and adolescents will come into effect immediately, as will provisions on advertising, promotion and sponsorship of all types of products.[2].

Better protection of young people from initiation to these products

According to the National Health and Morbidity Survey (NHMS) 2022, e-cigarette use among Malaysian adolescents aged 13-17 years increased from 9.8% in 2017 to 14.9% in 2022.

The new legislation will fill loopholes in existing laws. Previously, it was illegal to sell vaping products to minors under the Poisons Act 1952, with nicotine products listed as controlled substances. In April 2023, the government exempted nicotine liquids and gels from the poisons list in order to tax vaping products, and since then, minors in Malaysia have been able to buy e-cigarettes or vapes without any ban in place. The new law now prohibits the sale of all of these products to minors under the age of 18. Vendors found guilty of selling a tobacco or vaping product to a minor could face a fine, imprisonment, or both. Minors found guilty of purchasing tobacco and nicotine products can be fined up to RM500 (€100) or ordered to perform community service (as per court orders under the Children Act 2001 or the Criminal Procedure Code).

The Malaysian government has expressed particular concern about the widespread sale of vaping products across the country, through multiple channels, including vending machines, for which there are no controls. Sales through vending machines will now be banned across the country.

The new law also bans the sale of tobacco and vaping products within a 40-metre radius of a school or university, as well as in markets or temporary stalls, in order to prevent young people from having access to these products.

Advertising for these products will also be prohibited. This ban includes any promotional approach. This includes financial incentives, for all tobacco and nicotine products at points of sale.

Furthermore, any presentation of vaping products as being less harmful to the health of the consumer will no longer be possible. The products must also not be visible from outside the place of sale. If this ban is not respected, the retailer may be fined the equivalent of 6,500 euros. In the event of a repeat offence, offenders may be fined up to 65,000 euros and face prison sentences of one to three years.

Expansion of smoke-free spaces

With the new law, other protective prohibitions are provided such as smoking and vaping in many outdoor public places (the surroundings of all health facilities, all entertainment venues, public toilets, shopping malls, etc.). Anyone smoking/vaping in these new spaces can be fined up to RM5,000 (approximately €1,000).

Moreover, if the owner of this non-smoking area has not taken measures such as posting a warning about the smoking/vaping ban, he/she may also be fined up to RM5,000.

A less restrictive law than initially planned

Health Minister Khairy Jamaluddin had said in early 2022 that he wanted to ban tobacco sales to future generations with the aim of having a tobacco-free generation by 2040. The minister wanted to ban sales to anyone born after 2005. A few months later, the new government reversed the measure, arguing that it had legal loopholes that could be challenged in court.[3]Former health minister Jamaluddin and public health groups had accused the government of bowing to pressure from the tobacco industry and called on the new government to implement plain packaging and a ban on the display of tobacco and vaping products at points of sale as compensation.

The Malaysian Medical Association (MMA) said that while the law, although less restrictive than expected, is a crucial step in reducing the health risks associated with smoking and vaping, consistent and widespread enforcement is essential for it to be effective.

©Generation Without Tobacco

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[1] Ida Lim, New law alert: Vaping now illegal for minors, sellers face serious jail time for targeting under-18s, Malay Mail, Published September 26, 2024, Accessed October 1, 2024

[2] Immediate action to be taken against toy-like smoking products from Oct 1: Malaysian health ministry, The Straits Times, published September 30, 2024, accessed October 1, 2024

[3] Tobacco-free generation, Malaysia abandons anti-smoking policy after New Zealand, published December 8, 2023, accessed October 1, 2024