Malaysia - Tobacco Reporter

Malaysia to Table ‘Endgame’ Bill

The government of Malaysia plans to table its ‘generational endgame’ (GEG) bill during the next parliamentary session in October after making amendments to address concerns by some lawmakers, reports Bloomberg.

Announced in February, the GEG would make it illegal for people born after 2007 to buy, possess or use tobacco-related products, including e-cigarettes. The bill was referred to a parliamentary select committee in August for further scrutiny amid criticism that some of its features would infringe on personal freedom.

Health Minister Khairy Jamaluddin believes the amendments have addressed critics’ concerns.

“The enforcement powers really are focused and restricted only against distribution, manufacturing and supply,” Khairy said on Sept. 23. “We’ve clarified that in the latest amendments, so if you contravene the law in terms of GEG smoking offense, then the enforcement officer cannot frisk you; they cannot take away your computer or your phone or things like that.”

Malaysian lawmakers delayed a vote last month on the bill and referred it to the select committee to examine and make recommendations for improvement.

September 26, 2022

Hospitality Sector Frets About ‘Endgame’ Bill

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 socioeconomic 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

Activists: Differentiate Smoking and Vaping

Malaysian lawmakers must distinguish between smoking and vaping it they want to tackle Malaysia’s smoking epidemic, according to tobacco harm reduction advocates.

Legislators are currently scrutinizing a bill that would ban smoking and vaping for those born after 2007 in Malaysia. The bill is modelled 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.

Unlike Malaysia’s proposal, however, New Zealand’s generational ban would prohibit only the sale of tobacco products to anyone born during or after 2009, with vaping products remaining available to those 18 years and older to purchase in retail outlets as was regulated in 2020.

“You can’t ban cigarettes for future Malaysian adults without providing a safer, viable alternative,” said Samsul Ariffin, president of the Malaysian Organization of Vape Entities. “It’s like banning sugary drinks and sugar-free drinks all at once and hoping it will get people off sugar. If our political leaders are serious about eradicating deadly smoking, Malaysia’s generational endgame bill must only ban the purchase of combustible tobacco, not safer nicotine products.”

According to the Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA), New Zealand’s encouragement of smoking cessation through vaping has contributed to a rapid decline in the country’s smoking rate. New Zealand’s current adult daily smoking rate stands at 9.4 percent, down from 18 percent in 2006-2007.

“New Zealand’s smoking has halved in recent years not because they banned vaping but because they embraced it,” said Nancy Loucas, executive coordinator of CAPHRA.

September 5, 2022

‘Generational Ban Violates Human Rights’

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

‘Endgame’ Revised to Those Born After 2007

After considering the views of stakeholders, the government of Malaysia has pushed the year limit of its tobacco generational endgame law to 2007 from 2005, reports New Straits Times.

Earlier this year, Health Minister Khairy Jamaluddin tabled a new Tobacco and Smoking Control bill to replace the current tobacco product control legislation under the Food Act 1983. Modeled on similar legislation in New Zealand, the proposal included a provision to ban smoking and prohibit the ownership of tobacco and vape products by those born after 2005.

Postponing the year limit will allow more time for community education, a robust implementation plan and to ramp up enforcement, according to Khairy.

The health minister has been pushing for the Tobacco and Smoking Control Bill in line with efforts to make Malaysia a tobacco-free country by 2040.

He said cigarette smoking would cost the government MYR8 billion ($1.8 billion) to treat lung cancer, heart problems and chronic obstructive pulmonary disease by 2030.

The cabinet gave the green light for the bill on July 14, and it will be tabled and put to a vote in the Parliament’s Lower House this week.

BAT Malaysia said the proposed generational smoking ban is a prohibitive way to reduce the health impact of smoking and will only fuel the illicit tobacco market, which already accounts for almost 60 percent of tobacco sold in Malaysia.

“It has never been tested in the real world, lacks any scientific evidence of effectiveness and is likely to be detrimental to our country’s health agenda,” BAT Malaysia Managing Director Nedal Salem was quoted as saying by The Edge Markets.

He said the Ministry of Health (MOH) should pursue a science-based regulatory framework, informed by the positions of countries such as the U.K., where vaping is acknowledged as significantly less harmful and a viable alternative to reduce smoking prevalence.

BAT Malaysia called on the MOH to include industry players in the overall consultation process in developing appropriate regulations for vapor products.

July 26, 2022

Malaysia: Cabinet to Consider Generational Smoking Ban

Malaysia’s Cabinet will review a bill this week that would ban smoking for those born after 2005, reports The Edge.

According to Health Minister Khairy Jamaluddin, the bill’s “implementation of the generational endgame” provision aims to prevent Malaysia’s younger generations from picking up the smoking habit and getting addicted to tobacco products when they grow older, as well as to reduce the number of smokers in Malaysia to less than 5 percent by 2040.

“This will be able to reduce the risk of premature deaths, chronic diseases and treatment costs that have to be borne by the government due to smoking complications among the community,” Jamaluddin said.

Presently, some 40.5 percent of men and 20 percent of women smoke in Malaysia.

Anticipating resistance to the bill from cabinet members worried about tax revenues and tourist spending, Khairy said that without the legislation, the government would have to bear treatment costs of about MYR8 billion ($1.81 billion) to treat health problems linked to smoking.

Malaysia’s bill, which would also regulate vapor products, 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.

July 11, 2022

Study: Malaysians Vape to Cut Smoking

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 Human, 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 Poised to Legalize E-Cigarettes

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: Illicit Cigarette Prevalence Drops

Illicit cigarette prevalence in Malaysia has dropped by 6.5 percentage points from 63.8 percent in 2020, according to Nielsen’s Illicit Cigarettes Study in Malaysia 2021, reports The New Straits Times.

This is the first time since 2014 that illicit cigarette prevalence has registered a decline.

“This indicates that the measures announced by the finance minister in Budget 2021 are starting to bear results,” said a Confederation of Malaysian Tobacco Manufacturers (CMTM) spokesperson. “This is an encouraging development, and CMTM urges the government and all stakeholders to continue all efforts to curb the illicit cigarette trade.”

Malaysia is the number one country for illegal cigarettes, even with the decline. Smuggling syndicates are reacting to Budget 2021 measures by using new methods to illegally import cigarettes into the country.

March 11, 2022

Malaysians Skeptical About Generational Tobacco Ban

Malaysians are skeptical about the effectiveness of a plan to prohibit the sale of tobacco and vapor products to those born after 2005, according to a survey by the Retail and Trade Brand Advocacy (RTBA) Malaysia Chapter that was relayed the New Straits Times.

In January, Malaysia’s health minister, Khairy Jamaluddin, said he wanted to ban smoking for the next generation of Malaysians, following the example of New Zealand, which announced a similar policy in December.

Eighty-five percent of respondents to the RTBA survey said the ban would not work and would create a black market for cigarettes and vape products. They also said that the ban would be difficult to enforce and ultimately impact Malaysia’s legal and local businesses.

“Banning is not a solution,” said RTBA Malaysia managing director Fazli Nordin. “For example, vape products containing nicotine are currently prohibited from being sold in the market. Yet there is consumer demand for vape products containing nicotine. Worst still is the tobacco black market, where Malaysia has the highest level of illegal cigarettes in the world, driven by the huge price gap between legal and illegal products.”

Nearly 1,200 Malaysians participated in the survey by RTBA Malaysia, which is a non-governmental organization that safeguards businesses from criminal conduct.

While Malaysia’s plans were inspired by New Zealand’s, they differ in that New Zealand does not plan a ban on vapor products, according to Fazli.

“Instead, the country promotes vape as a less harmful alternative and encourages New Zealanders to make the switch from traditional cigarettes,” he said.

A recent study revealed that encouraging smokers to switch to vape as a less harmful alternative would help Malaysia reduce the smoking population to 4 million by 2025.

The report estimated that such a strategy would help the country to reduce its spending on treating smoking-related diseases by MYR1.3 billion ($310.21 million) in 2025.

February 13, 2022

Tag: Malaysia