KUALA LUMPUR, Sept 17 — Twenty health groups have demanded that the government enforce the Control of Smoking Products for Public Health Act 2024 (Act 852) and its regulations by next month.
The anti-tobacco groups representing medical doctors, pharmacists, parents, and youths called for point-of-sale display bans, prohibition on online and vending machine sales, as well as mandatory health warnings on the packaging of not just tobacco but also vape products.
“If this Act is delayed once more, we will repeat the country’s unfortunate history of acquiescing to the industry, instead of the demands of the majority of the people and health professional groups who oppose smoking and vaping habits in our country,” said the 20 groups in a joint statement.
The groups were likely referring to the government’s decision to decouple the generational end game (GEG) ban on tobacco and vape for future generations from Act 852 when the bill was tabled in Parliament late last year. The decoupling of the GEG from the bill was widely slammed by MPs during their debate, as well as anti-tobacco and health groups, who attributed this to influence from Big Tobacco and the vape industry.
“We also wish to express our disappointment towards the Ministry of Health (MOH) for only listening to the demands of the industry. Until now, there have been no engagement or briefing sessions for non-governmental organisations (NGOs) about the regulations under Act 852 before they are to be enforced in the nearest time.”
The health groups claimed that the proposed regulations under Act 852 have been revised multiple times “to fulfil demands from the tobacco and vape industry, and smoking product manufacturers.”
“Since the delay of enforcement of this Act, various tragedies have occurred, involving the open and large-scale promotion, sale, and sponsorship of smoking products, especially those involving the vape industry, at main stages, entrances, billboards, banners, and clothing.”
Following parliamentary passage in December 2023, the country’s first standalone tobacco and vape control Act was gazetted into law last February 2.
Due to then-Health Minister Dr Zaliha Mustafa’s decision to remove liquid nicotine from the list of scheduled poisons under the Poisons Act 1952 on March 31, 2023 – to enable the taxation of nicotine vape liquids – nicotine vape products have been legally accessible to under-18 minors for nearly one and a half years now.
The current Control of Tobacco Product Regulations 2004 under the Food Act 1983 do not regulate electronic cigarettes or vapes that do not contain tobacco, only cigarettes and other tobacco products.
Dr Zaliha was the first health minister ever to be sued by anti-tobacco groups, who filed a judicial review application against the deregulation of liquid nicotine that occurred even before the government tabled the Control of Smoking Products for Public Health Bill 2023 in November 2023, leaving a lacuna in the law that effectively legalised the sale of vapes to children.
A vape company sponsored the RXZ Members 6.0 motorcycling event launched last Friday in Terengganu, with Terengganu Menteri Besar Ahmad Samsuri Mokhtar wearing a shirt with the vape company’s logo.
The vape industry has also sponsored other sports events, like a polo tournament in Kuala Lumpur in February and an obstacle race last December.
Throughout this year, Dzulkefly has repeatedly claimed that the proposed regulations under Act 852 are in the “final stages” of obtaining approval from the Attorney-General’s Chambers.
“The longer this Act is delayed, the more children and teenagers will be exposed to smoking products, especially vape, through the industry’s irresponsible marketing and promotion,” said the 20 health groups.
The signatories of their press statement are as below:
- Medical Mythbusters Malaysia (M3)
- IKRAM Health Malaysia (IH)
- Malaysian Green Lung Association
- Persatuan Mencegah Dadah Malaysia (PEMADAM)
- Pertubuhan Ibu Bapa Mencegah Rokok dan Vape (PAVAC)
- Persatuan Pediatrik Malaysia (MPA)
- Persatuan Kesihatan Remaja Malaysia (MAAH)
- Akademi Farmasi Malaysia (MAP)
- Family Medicine Specialists Association of Malaysia (FMSA)
- Persatuan Farmasi Malaysia (MPS)
- Malaysian Women’s Action for Tobacco Control and Health (MyWATCH)
- Persatuan Pasca Siswazah Fakulti Perubatan Universiti Malaya
- Persatuan Tweet Perubatan Malaysia (Medical Tweet Malaysia)
- Malaysian Association of Dental Public Health Specialists (MADPHS)
- Persatuan Perubatan Keluarga USM, Malaysia (FAMOUS)
- Persatuan Perubatan Islam Malaysia (IMAM)
- Pertubuhan Amal Perubatan Ibnu Sina Malaysia (PAPISMA)
- Persatuan Alumni Fakulti Farmasi UKM (PAFFar)
- Parlimen Belia Malaysia
- Hartal Doktor Kontrak
