KUALA LUMPUR, July 12 — A shopping centre in the city closed down a vape vending machine, following a visit from health officials after the matter went viral on social media.
The Control of Smoking Products for Public Health Act 2024 (Act 852) – which regulates cigarettes, tobacco products, as well as vapes and e-cigarettes, among other smoking products – has yet to be enforced as regulations under the tobacco and vape control Act are still being drafted.
The Control of Tobacco Product Regulations 2004 under the Food Act 1983, on the other hand, only regulates tobacco products, not vapes or electronic cigarettes that do not contain tobacco.
Rule 10 of the 2004 regulations prohibits the placement of vending machines for “tobacco products”.
“Specifically for this complaint, the Ministry of Health (MOH) went down to the ground and met with the management of the shopping centre involved and explained the prohibition of sales via the vending machine,” MOH said in a statement today.
“The MOH also advised management to immediately shutter operations of the vending machine as a social responsibility; they agreed and followed our advice.”
The Health Ministry said Section 10 of Act 852 restricts the sale and display of all smoking products.
“Regulations related to sale restrictions, including prohibition on vending machines, are currently being drafted and will be enforced together with Act 852 after approval.”
Last Wednesday, CodeBlue editor-in-chief Boo Su-Lyn posted on X photos of a vape vending machine at a mall in Kuala Lumpur that sold nicotine vape disposables.
The vending machine did not have an age verification feature; customers could simply purchase products via card or e-wallet. E-wallets like GrabPay in Malaysia can be used by anyone regardless of age.
Boo’s post on X received more than half a million views and over 7,000 reposts.
Pending the enforcement of Act 852, which was passed by Parliament last December, nicotine vapes could be legally sold to and purchased by anyone in the country, including minors aged below 18, ever since then-Health Minister Dr Zaliha Mustafa signed an order on March 31, 2023, to remove liquid nicotine from the Poisons List of controlled substances under the Poisons Act 1952.
