Malaysia - Tobacco Reporter

Malaysia Passes Watered-Down Bill

Malaysia’s lower house of Parliament has passed the Control of Smoking Products and Public Health Bill without the controversial generational endgame (GEG) clause, reports the New Straits Times.

The legislation regulates advertisements, packaging and smoke-free places but excludes a provision that would have made it illegal for Malaysians born after 2007 to buy or consume nicotine products.

Health Minister Zaliha Mustafa said the GEG was dropped due to constitutional concerns. The Attorneys General Chambers had warned that the proposal contravenes Article 8 of Malaysia’s constitution, as it creates unequal treatment before the law between persons born before Jan. 1, 2007, and individuals born after the date.

Critics blamed Malaysia’s U-turn on tobacco lobbying.

Zaliha insisted that any shortcomings in the bill could be improved over time.

November 30, 2023

Health Advocates Slam Endgame Reversals

Health advocates condemned moves in New Zealand and Malaysia to scrap legislation that would have banned tobacco sales to future generations.

Passed by the previous government, the New Zealand measure would have outlawed tobacco sales to anyone born after Jan. 1, 2009. It also would have limited the amount of nicotine allowed in smoked tobacco products and cut the number of tobacco retailers by 90 percent.

After New Zealand’s elections earlier this year, the country’s new center-right coalition announced it would repeal the generational tobacco ban.

“This is major loss for public health, and a huge win for the tobacco industry – whose profits will be boosted at the expense of Kiwi lives,” Boyd Swinburn, co-chair of Health Coalition Aotearoa (HCA) in New Zealand, was quoted as saying by Reuters.

HCA pointed to academic research that found the laws could have saved some $1.3 billion in health system costs over 20 years, and reduced mortality rates.

In Malaysia meanwhile, lawmakers decided to remove a generational tobacco ban from proposed legislation after that country’s attorney general questioned the constitutionality of the endgame clause because it would create two sets of laws for two groups of citizens based on age.

Former Health Minister Khairy Jamaluddin, however, blamed the tobacco lobby for Malaysia’s U-turn.

“Don’t even think for a minute that GEG [generational endgame] was dropped because of some lame excuse of a legal argument proffered by the AG,” he was quoted as saying by The Star. “No, GEG was dropped because of the strong lobby from Big Tobacco.”

Despite the setback, Jamaluddin said the fight against tobacco would continue. “This is not over,” he said. “One day, public health will win.”

Even as New Zealand and Malaysia reversed their endgame clauses, England reiterated its commitment to its version of the plan. Asked whether Rishi Sunak would consider following New Zealand and Malaysia’s examples, a spokeswoman for the British prime minister said: “No, our position remains unchanged. This is an important long-term decision and step to deliver a smoke-free generation which remains critically important.”

November 28, 2023

Malaysia Minister Vows to Table Smoking Bill

Malaysia’s health minister has vowed to table the Control of Smoking Products for Public Health Bill 2023 before the end of the current parliament’s session on Nov. 30, reports The Star.

“God-willing, I assure you that we will table this Bill before the end of the current Parliament session,” Zaliha Mustafa was quoted as saying.

His comments came after the Attorney General Chambers reiterated an earlier statement that the Generational Endgame Ban (GEG) clause of the proposed legislation can be challenged in court.

The GEG seeks to ban tobacco and vape products for anyone born on or after Jan. 1, 2007.

The Attorneys General Chambers insist this provision contravenes Article 8 of Malaysia’s constitution, as it creates unequal treatment before the law between a person born before that date and individuals born after the date.

It was unclear from contradictory reports whether the bill heading to parliament still includes the GEG. An earlier report by CodeBlue suggested the clause had been removed in response to the constitutional concerns raised by the Attorney General Chambers.

The legislation also includes provisions on registration of tobacco products, advertisement, packaging and smoke-free places, among other items.

November 19, 2023

Malaysia Scraps Endgame Clause

The government of Malaysia has eliminated the generational endgame (GEG) clause from its Control of Smoking Products for Public Health Bill 2023, reports CodeBlue.

The move follows an opinion issued by Attorney-General Ahmad Terrirudin Mohd Salleh’s that the proposed age-based prohibition—which seeks to ban tobacco and vape products for anyone born from Jan. 1, 2007—is unconstitutional because it would create two sets of laws for two different groups of citizens based on age.

Enacting the GEG would require a change to Malaysia’s constitution, according to the attorney general, and the government was reportedly not confident it would be able to secure the required two-thirds majority in Parliament.

Anti-smoking activists were outraged, saying that the cabinet’s decision to drop the generational provision from the bill violates the Convention of the Rights of the Child, which Malaysia ratified in 1995.

“We believe that this is a backward step that will lead the people of Malaysia, especially children and adolescents, into the realms of nicotine addiction and drug dependence,” said Family Medicine Specialists’ Association (FMSA) President Nor Hazlin Talib.

The FMSA urged the government to reinsert the GEG clause into the bill. “The government needs to prioritize public health over political and economic interests,” Talib said.

In addition to the now removed GEG clause, the bill includes provisions on registration of tobacco products, advertisement, packaging and smoke-free places, among other items.

November 14, 2023

Malaysia: Illicit Tobacco Share Down Slightly

The share of Malaysia’s illicit cigarette market declined slightly this year, reports the New Straits Times.

According to a recent survey, Illegal products accounted for 55.3 percent of the domestic cigarette market in May, down 1.3 percent from a year ago.

The Confederation of Malaysian Tobacco Manufacturers (CMTM) attributes the drop to new anti-illicit measures, including the strict control on the shipment of tobacco products and increased enforcement efforts.

In Kelantan, the illicit incidence had declined to 50.2 percent compared to 70.6 percent in 2020 as a result of heightened enforcement actions in the state.

Despite the progress, the prevalence of illicit cigarettes remains extremely high by international standards. While legal cigarettes retail for between MYR9 ($1.98) and MYR12, the same products can be purchased for between MYR4 and MYR8 on the black market.

The government misses out on an estimated MYR5 billion in annual revenues due to tax-avoiding cigarettes.

The survey report also highlighted the notable increasing presence of cigarette packs with fake tax stamps in the market. Based on the study, the incidence of cigarette packs with fake tax stamps has increased to 8.5 percent from 4.9 percent in 2018.

Concerned about the persistence of illicit trade, the CMTM urged the Parliamentary Special Select Committee to carefully consider the impact of the Control of Smoking Products for Public Health Bill 2023 that is currently under consideration in Malaysia.

Among other measures, the proposed legislation would prevent those born in or after 2007 from buying tobacco or vapes. Policies should be based on substantiated science-based evidence and be designed to prevent any unintentional proliferation of illicit cigarettes, the CMTM said

August 2, 2023

NGOs Challenge Nicotine Delisting

Three groups have sued the government of Malaysia for removing liquid nicotine from the list of controlled substances, reports Bloomberg, citing local media reports.

Malaysia is preparing legislation that seeks to ban the sale of all tobacco products, including e-cigarettes, to those born after 2007. The NGOs contended that removing nicotine from the list of controlled substances before the tobacco-control rules are in place would allow vape products to be sold openly and legally to anyone, including children.

Malaysia’s health ministry removed the restrictions on nicotine liquids and gels on March 31, which allowed the government to tax vape products containing them starting April 1.

The NGOs argue that the move is unconstitutional, arguing that it went against the recommendation of the Poisons Board.

The plaintiffs in the suit are the Malaysian Council for Tobacco Control, Malaysian Green Lung Association and Voice of the Children.

July 4, 2023

MPs Want Liquid Nicotine on Poisons List

Opposition Members of Parliament (MPs) in Malaysia are amplifying calls for the reintroduction of liquid nicotine into the Poisons Act 1952.

Kuala Langat MP Ahmad Yunus Hairi, who heads Perikatan Nasional’s health portfolio, said the absence of regulations on vape has led to a proliferation in the number of teens using e-cigarettes or vaping products.

“By excluding liquid nicotine from the Poisons Act, we have inadvertently created loopholes that undermine our efforts to combat the use of vaping among our youth.

“I hope liquid nicotine can be reinstated into the Poisons Act, given the Health Minister’s authority over the matter, so that, at the very least, before we proceed with the Control of Smoking Products for Public Health Bill 2023, we can have some control over these e-cigarette devices,” Ahmad Yunus said in his debate on the Health White Paper tabled in Parliament, reports CodeBlue.

Both the Malaysian Medical Association and the Malaysian Pharmacists Society have previously urged the government to bring liquid nicotine back under the control of the Poisons Act 1952, particularly in light of the uncertain status of the tobacco bill.

The Control of Smoking Products for Public Health Bill, which regulates tobacco and vape products, remains in limbo after it was referred to the Health parliamentary special select committee—chaired by former Health Minister Dzulkefly Ahmad—immediately after first reading in Malaysia’s lower house of Parliament.

This means that vapes and e-cigarettes will remain legally available for sale to minors aged under 18 for at least another four months until the lower house meets in October.

June 19, 2023

Smoking Control Bill Poised for First Reading

Malaysia’s Control of Smoking Product for Public Health Bill 2023 will be tabled in Parliament on June 12, reports New Straits Times. The bill includes the generational endgame (GEG) smoking ban, which bans tobacco sales to those born on Jan. 1, 2007, or later.

“We will table the bill for its first reading in Parliament on June 12,” said Health Minister Zaliha Mustafa. Mustafa also noted that the “improved” bill was drafted after numerous engagement sessions with stakeholders.

“I will be meeting with the Parliamentary secretary and the Dewan Rakyat Speaker (on the date for the second reading), and we will see how we can go from there,” said Mustafa.

The bill is reportedly “more comprehensive” than a previous version and also covers “next-generation” smoking products.

Once passed, the bill would prohibit those that fall under the GEG provision from obtaining and using all types of conventional cigarettes, cigars, loose tobacco and rolled cigarettes. Heated products, however, will not be fully banned until after sufficient education and awareness campaigns have been launched by the ministry.

“This is our soft-landing approach to educate the GEG cohort instead of being punitive,” said Mustafa, referring to an earlier, stricter version of the proposal. “For now, we are suggesting that the law be fully implemented (to include all types of smoking products, including electronic cigarettes) in 2030, after conducting further research and studies.

“We think this is a win-win solution. The government is committed to the implementation of the GEG,” she added.

June 6, 2023

Malaysia Ready to Table Endgame Bill

Malaysia’s Ministry of Health is ready to table the Control of Smoking Product for Public Health Bill, which includes the Generational Endgame (GEG) policy, reports the New Straits Times.

If enacted, the legislation would prohibit anyone born in 2007 or later from buying and using cigarettes or vaping products in Malaysia. A provision to ban possession of those products has been dropped from the bill on the recommendation of the Parliamentary Special Select Committee.

The bill also governs registration, advertising, promotion and sponsorship, packaging and sales of smoking products.

“Any violation, including selling of cigarettes to children in the GEG group will be an offence when the bill is passed,” said the health minister’s special adviser, Helmy Haja Mydin.

People in the targeted age group caught buying or using tobacco or vaper product risk fines of MYR500 and community service. The fines had been reduced from a previous proposal to avoid unduly burdening the GEG group.

According to Mydin, the order is meant to educate and show that the policy is not purely punitive.

After its enactment, the bill requires periodic reports to measure the legislation’s effectiveness in combating underage smoking.

May 23, 2023

Malaysia to Sell Only Sealed Bottles

The Malaysian Substance Abuse Council (Masac) has recommended that only locally made vape liquids in sealed glass bottles be allowed for sale in the country, reports The Star. Using glass bottles will minimize the risk of undesirable substances being added, according to Masac’s secretary-general Raja Azizan Suhaimi.

A joint study by Masac, the Asian Center for Research on Drug Abuse and Universiti Sains Islam Malaysia found that teenage girls are increasingly using vape liquids laced with psilocybin, a psychoactive compound found in fungi such as “magic mushrooms.”

Raja Azizan suggested that the age limit for vaping should be raised from 18 to 21 to minimize the abuse of vape liquids, which may contain drugs. So far, only 10 manufacturers producing liquid nicotine are registered with the Customs Department, despite the registration deadline ending on April 30, 2023.

Masac also suspects that the three 13-year-old girls who were allegedly gang-raped by four teenagers in Kota Kinabalu on April 26, 2023, may have been given a vape liquid laced with psilocybin. The Malaysian government attempted to regulate the use of vapes among youth in October 2022 through the Tobacco and Smoking Control Bill, but it was referred to a Special Parliamentary Select Committee for refinement.

Prime Minister Datuk Seri Anwar Ibrahim revealed during the revised Budget 2023 in February that vape liquids containing nicotine are still illegally sold in the country with estimated sales of MYR2 billion.

Meanwhile, Health Minister Zaliha Mustafa has stated that the Generational Endgame Bill—a piece of legislation that aims to gradually raise the smoking age until it covers the entire population—will be expedited and retabled.

May 8, 2023

Tag: Malaysia