KUALA LUMPUR, April 5 – Local manufacturers and importers of electronic cigarettes or vape devices must now apply for SIRIM certification and labelling, following a federal move to gazette the Trade Descriptions (Certification and Marking) of Electronic Cigarette Devices Order 2022 under the Trade Descriptions Act 2011 today.
The Domestic Trade and Consumer Affairs Ministry (KPDNHEP), in a statement today, said the order, which will take effect on August 3, 2022, is to ensure that vape products are safe for use. The certificate and label can be obtained from SIRIM QAS International Sdn Bhd.
“The MS SIRIM marking shall be placed on the electronic cigarette device (vape), its spare part, or on the container of the device which is easily visible to the user.
“The MS SIRIM marking on the electronic cigarette device indicates that it has complied with safety standards and is safe to use,” KPDNHEP said in a statement.
The federal gazette alluded to “electronic cigarette device” and “spare parts” but failed to make mention of vape pods or juices, which are a different component from the device itself.
Despite the new regulation, vape pods and juices remain under a grey area of regulation, even though the Poisons Act 1952 rules that nicotine can only be supplied by pharmacists or medical practitioners.
Disposable vape pods and juices typically contain nicotine, flavourings, and other chemicals that help make aerosols when heated with e-cigarettes. According to the United States’ Centers for Disease Control and Prevention (CDC), the e-cigarette aerosol that is breathed in and exhaled can contain harmful substances like cancer-causing chemicals and heavy metals like nickel, tin, and lead.
KPDNHEP said companies that fail to comply with the new SIRIM certificate and marking law can be fined up to RM200,000. For second or repeat offenders, they can be fined up to RM500,000.
Individuals can also be fined up to RM100,000 or face imprisonment of up to three years, or both, if convicted. For second or repeat individual offenders, they can be subjected to a fine up to RM250,000, imprisonment of not more than five years, or both.
KPDNHEP said it hopes the federal gazette will prevent local manufacturers and importers from marketing and selling poor quality vapes or e-cigarette devices in Malaysia.