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Tag: Malaysia

  • Tobacco Regulation Not Violation of Rights

    Tobacco Regulation Not Violation of Rights

    Image: Tobacco Reporter archive

    Malaysia’s anticipated tobacco control bill will not deprive citizens of personal liberties and equality, according to the Malaysian Council for Tobacco Control (MCTC), reports Malay Mail.

    The anti-smoking council found that the bill, which aims to end cigarette consumption for those born after 2007, is constitutional after former Chief Justice Tan Sri Zaki Azmi lobbied against the bill.  

    “Nicotine addiction is not distinguishable from addiction to other drugs,” the council said in a statement. “If the country can ban or regulate other drugs, it can also regulate nicotine. It must also be emphasized that nicotine is more addictive than opium; if we can stage a war on opium, why not on nicotine?

    “The main objection to the state initiative in this area is that the law will be difficult to enforce. That is indeed true. But admittedly, the challenges surrounding enforcement accompany all laws.”

    Azmi stated that the bill could infringe on constitutional freedoms, but the MCTC stated that Article 5(1) of the Constitution does not give an absolute right to liberty, which, according to the MCTC, can be deprived only in accordance with the law.  

    “As long as there is a valid law, and the executive acts under it, there is no unconstitutional violation of personal liberty,” the MCTC said after seeking advice from constitutional experts.

  • Call for Measures to Limit Nicotine Harm

    Call for Measures to Limit Nicotine Harm

    Image: Tobacco Reporter archive

    The Malaysian Council for Tobacco Control (MCTC) has called for the government to look into measures to limit harm and exposure of youth to nicotine after the Health Ministry exempted nicotine liquids and gels from the Poisons Act 1952, reports The Star.

    “We are deeply aggrieved by the decision of the Health Ministry and the government to continue with its move to remove nicotine liquid and gel preparations from the poisons list for the purposes of using it for electronic cigarettes and electric vaporizing devices in the form of liquid or gel,” the MCTC said.

    “This move had been carried out despite exhortations and pleas from thousands of health professionals including those within the MCTC umbrella.

    “We are deeply concerned with the dangerous precedent that this has set where the health of Malaysians, especially children and young people, have been put at risk merely for the idea of raising revenue.

    “There is little transparency available on actual taxation measures, so it is not understood in terms of timelines on when actual tax collection would actually even begin.”

    “We urge the Health Ministry and federal government to ensure the wellbeing of its people are looked into, with short-term, mid-term and long-term measures.

    “For short-term measures, the government needs to put active measures in place to limit the exposure of children and young people to nicotine in vaping and other e-cigarette devices. This may be done via cooperation with other agencies and ministries since there are no significant health legislative tools which may be used to limit harm at this point.

    “Mid-term measures include the need to table the Control of Tobacco Products and Smoking Bill as per its original intent and content as quickly as possible. Prime Minister Datuk Seri Anwar Ibrahim has given his commitment that this will be done in the next Parliament meeting in May, and we implore that this timeline be adhered to. Within the bill are comprehensive measures for vaping and electronic cigarettes—including key measures prohibiting its use to those under 18,” the council said.

    The MCTC said long-term measures should include a comprehensive strategy to contain and control nicotine addiction.

  • Vape Manufacturers Must Register

    Vape Manufacturers Must Register

    Image: chrisdorney | Adobe Stock

    Following the removal of nicotine e-liquid or gel from the Poisons Act 1952 to allow for e-cigarettes and vaping products to be taxed in Malaysia, local manufacturers producing e-liquid or gel products containing nicotine must register their manufacturing activities with the Customs Department by April 30, according to the Ministry of Finance (MOF), reports The Edge Markets and Free Malaysia Today.

    “Early registration within this prescribed period may prevent manufacturers from being charged a compound for the offense of late registration. This early registration will ensure comprehensive industry compliance and smooth tax collection by May 2023,” the MOF said in a statement.

    This follows the imposition of an excise tax of 40 sen ($0.004) per milliliter on nicotine e-liquids or gels.

    Prime Minister and Finance Minister Datuk Seri Anwar Ibrahim announced the government’s plan to impose an excise tax on liquid or gel products containing nicotine when he re-tabled Budget 2023 in February.

    The previous government under Datuk Seri Ismail Sabri Yaakob’s administration also proposed to extend tax collection from gel or liquid products containing nicotine for vapes and e-cigarettes in the tabling of Budget 2022 by imposing a tax of RM1.20 per milliliter. However, the plan was postponed because nicotine vape liquid was still classified as a Class C poison under the Poisons Act.

    The new excise duty, the MOF said, would enable the government to tax the vape industry, which is estimated to be worth over RM2 billion ($454 million), and at the same time help discourage the use of vapes.

    It will also help improve rules and control of excise duty goods by customs to avoid leakage of national income, according to media reports.

  • Nicotine E-Liquid Taken Off Poisons List

    Nicotine E-Liquid Taken Off Poisons List

    Malaysia’s government has removed e-liquid containing nicotine used in e-cigarettes and other vaping products from the country’s Poisons List of controlled substances. The move enables taxation on e-liquids.

    Media reports claim the removal effectively legalizes e-cigarettes with nicotine without any regulations in place, as the current Control of Tobacco Products Regulations 2004 under the Food Act 1983 only cover conventional cigarettes and other tobacco products.

    The Control of Tobacco Product and Smoking Bill 2022 – which seeks to regulate both tobacco and vape products, besides a ban on these products for anyone born from 2007 – has yet to be tabled in the current 15th Parliament, reports Code Blue.

    Health Minister Zaliha Mustafa gazetted an order Friday to exempt nicotine “preparation of a kind used for smoking through electronic cigarette and electric vaporizing device, in the form of liquid or gel” from the Poisons List under the Poisons Act 1952 – overriding the Poisons Board that unanimously rejected the proposal last Wednesday.

    The Excise Duties (Amendment) Order 2023 – which subjects e-liquid or gel containing nicotine to excise duty of 40 sen ($0.004 cents) per milliliter – gazetted by Finance Minister Anwar Ibrahim, who is also the prime minister, was dated last March 29, the same day as the Poisons Board meeting.

    The tax on e-liquids with nicotine went into effect on April 1.

    CodeBlue reported that the Poisons Board, an independent body formed under the Poisons Act, wholly objected to the government’s proposal to exclude nicotine-containing e-liquid from the Poisons List on the basis that the harm of allowing e-cigarettes to be sold to anyone, including children, outweighed the benefit of tax revenue from such products containing nicotine, a highly addictive substance.

  • Push to Exempt Liquid from Poisons Act

    Push to Exempt Liquid from Poisons Act

    Image: Tobacco Reporter archive

    Malaysian e-cigarette and vapor industry stakeholders have lauded the federal government’s move to exempt nicotine as a controlled substance ahead of new taxation on vape products, reports Malay Mail.

    Excluding liquid nicotine under the Poisons Act will allow the government to introduce proper regulatory frameworks like those in the U.K., New Zealand and Canada, according to the Malaysia Retail Electronic Cigarette Association (MRECA). 

    “Continuing to subject vape products containing nicotine under the Poisons Act does not help as it is not a suitable framework and does not work for the products,” said Datuk Adzwan Ab Manas, MRECA president. “With the exemption, vape liquids containing nicotine can be regulated appropriately, and this is where amendments to existing laws, such as the Control of Tobacco Product Regulations 2004, are required. This is important as it will then see controls in place instead of allowing the products to remain unregulated.”  

    “This is long-awaited news from the entire local vape industry,” said Malaysian Vape Chambers of Commerce Secretary-General Ridhwan Rosli. “The move to exempt liquid nicotine is crucial because now there are rules governing the unregulated industry.”  

    “Vape can be further controlled through existing legislation such as the Control of Tobacco Product Regulations 2004, whose revision would ensure they are not sold to those under the age of 18,” said Malaysian Vape Industry Advocacy president Rizani Zakaria. 

    The Ministry of Health has not consulted industry players since the proposed regulation was announced in the 2023 budget, according to Adzwan and Rizani.

    “We have been in the dark since that announcement with no discussions nor consultation held with the ministry,” said Adzwan. “And the news about the potential exemption on nicotine for vape liquid should be discussed with industry players instead of it being communicated to the health NGOs [nongovernmental organizations]. At the same time, MRECA is of the opinion that the Generational Endgame (GEG) proposal requires further in-depth studies and consultations with all stakeholders, especially the industry players.”

    Healthcare professionals have expressed discontent with the possibility of nicotine being removed from the controlled substances list.

  • Malaysia Urged to Reassess ‘Endgame’ Bill

    Malaysia Urged to Reassess ‘Endgame’ Bill

    Image: studioDG | Adobe Stock

    The Malaysian Society for Harm Reduction (MSHR) has called on the Malaysian government to reassess the generational endgame (GEG) measure regarding vaping, reports the New Straits Times.

    Sharifa Ezat Wan Puteh, MSHR chairman, stated that many smokers are using vaping to quit smoking cigarettes and that the GEG could be counterproductive as it positions vaping as equally harmful as smoking.

    “While vaping has health risks, we cannot ignore scientific evidence that vaping is at least 95 percent less harmful than smoking,” said Puteh. “Several reputable public health organizations have made that estimate and endorsed by multiple developed countries. In addition, vape is also recognized as an effective tool to reduce smoking hazards and rates.”

    The MSHR has suggested that vaping be regulated and training be provided to vendors on proper ways to switch to nicotine-replacement therapies and vapor products. It also suggests forming an independent committee driven by science and evidence to conduct in-depth research on vapor products.

    “If we look at the decline in the smoking rates in countries with higher vaping rates, it speeds up as the vaping rate increase[s],” said Puteh.

    “Legislative process for the new bill will take a lengthy time,” she said. “In addition, a bill should only be tabled with detailed discussion and studies on the proposed GEG measure that the previous minister proposed.

    “Given this, we believe the government should take immediate steps to regulate vape products using existing laws to speed up regulations on the products to protect consumers from prohibited ingredients by introducing standards on the product as well as prohibiting access by minors.”

  • Malaysia PM Urges Regulation E-liquids

    Malaysia PM Urges Regulation E-liquids

    Photo: Max

    The government of Malaysia wants to regulate and tax nicotine liquids, reports New Straits Times, citing Prime Minister Anwar Ibrahim.

    Speaking during the presentation of the government’s 2023 buget, Anwar said that although vape with nicotine is illegal, the product is still being sold widely with an estimated market size of more than MYR2 billion. “Would it not be great if it is monitored and taxed to discourage the usage of vape,” asked Anwar, who is also the finance minister.

    While welcoming the proposal to introduce a regulatory and taxation framework for e-cigarettes, industry groups insisted on consultations. “Regulations and tax rates need to be balanced given it will impact local industry players,” said The Malaysian Vape Chamber of Commerce.

    In his presentation, Anwar also expressed support for the Generational Endgame (GEG) bill, which would make it illegal for people born after 2007 to buy tobacco products, including e-cigarettes.

    The Advanced Centre for Addiction Treatment Advocacy (ACATA) said the government must conduct more studies on the GEG proposal before making any decision.

    While ACATA is encouraged by the government is taking steps to regulate vape, the agency said prohibition was likely to backfire. “There is substantial and credible evidence to prove that vape products are less harmful than smoking cigarettes,” the organization stated. It also cited evidence showing that vaping is effective in helping smokers to quit smoking cigarettes without attracting many never-smokers. ACATA cited a 2020 study, which found that only 0.6 percent of Malaysian nonsmokers vape.

    The Malaysian Vapers Alliance, meanwhile, expressed disappointment that the government supported the GEG proposal, saying that cigarettes and vapor products should be treated differently, given the vast difference in risk they present.

  • Drone Used to Smuggle Smokes Into Prison

    Drone Used to Smuggle Smokes Into Prison

    Credit: Adragan

    Three men were arrested in Malaysia for attempting to smuggle tobacco products using a drone into the Machang Prison, according to the New Straits Times.

    The trio aged between 35 and 39 were arrested after the Machang district criminal investigation division received a report involving a drone being flown above a compound near the prison at Jalan Kuing Indah, Kampung Pangkal Meleret, at 1:05 a.m.

    Kelantan Police Chief Datuk Muhamad Zaki Harun said the prison, which is equipped with tracking device technology, detected the drone near the premises.

    The police deployed a team to the location before the three men sped off in a Honda CRV. “A chase ensued between the police and the three men before they were arrested near the main Kuala Krai-Kota Baru road in Kampung Bukit Belah,” Zaki said in a statement, according to media reports.

    Zaki said police also found an RC123 drone remote control device, 13 packets of tobacco and 41 small compressed packages believed to contain tobacco.

  • Campaigners Welcome Delay Tobacco Bill

    Campaigners Welcome Delay Tobacco Bill

    Photo: sezerozger

    Legalizing vape sales in Malaysia remains on the table despite the heath minister postponing the “generational endgame” anti-smoking bill after considerable public and political pressure, according to the Malaysian Organization of Vape Entities (MOVE).

    Malaysia’s Minister of Health, Khairy Jamaluddin, made the decision not to table the bill despite the bipartisan special parliamentary select committee making amendments and reaching consensus. 

    Samsul Arrifin

    “This delay now gives MPs time to get the country’s tobacco control strategy right. We strongly believe that vaping should be not part of the generational endgame bill. It would only criminalize vape consumers and retailers,” said MOVE President Samsul Arrifin.

    MOVE would like vaping and noncombustible products out of the legislation and for the government to treat them as harm reduction tools.

    Tobacco harm reduction (THR) advocates were heartened in April when the regulation of vaping devices was announced to take effect in August. It was assumed the move would precede the legalization of vape sales in Malaysia.

    They also took heart from a visit last month to New Zealand by a Malaysian parliamentary delegation to understand what policies are required to achieve smoke-free. New Zealand has legalized and regulated vape sales and is now on track to achieve its national ambition of Smoke-free 2025—where 5 percent or less of the population smoke regularly.

    New Zealand is also looking to implement a similar generational smoking ban, which would see the prohibition of tobacco product sales to anyone born in 2009 or after. However, Malaysia’s proposal for those born in 2007 or after would also ban vaping product sales.

    “New Zealand’s smoking rate is less than half of ours because they’ve regulated adult-only retail access to vaping products. New Zealand actively steers smokers toward safer nicotine products, with vaping an incredibly effective off-ramp to smoking. If Malaysia is to reduce smoking to below 5 percent by 2040, then we need to regulate, not ban, vaping products,” said Arrifin.

    The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA) says about 70 countries have already proven that a THR approach works. In contrast, Australia is showing just how badly vaping bans fail.

    “As well as giving the 21 percent of Malaysians who smoke a less harmful alternative, regulating vaping will ensure Malaysia has product safety standards, not to mention extra tax revenue. We are pleased the government is taking its time on this one. An evidence-based approach will serve them well,” said Nancy Loucas, executive coordinator of CAPHRA.

  • Malaysia Removes NRT from Poisons List

    Malaysia Removes NRT from Poisons List

    Photo: dalaprod

    Malaysia’s Health Ministry has categorized nicotine-replacement products as nonpoisons to make them more accessible to consumers, reports The New Straits Times.

    Minister Khairy Jamaluddin said the move was done by granting an exemption to nicotine under the Poisons Act 1952 for products in the form of patches or gum registered under the Control of Drugs and Cosmetics Regulations 1984.

    “This exception is expected to help smokers, who are motivated to quit smoking, in dealing with the withdrawal symptoms,” said Khairy.

    At present, smokers who want to quit smoking have limited access to nicotine-replacement products as they are regulated under the Poisons Act 1952.

    Under the law, nicotine is classified as a “Group C poison” and can be dispensed only by licensed pharmacists or registered medical practitioners.

    The New Straits Times article made no mention of nicotine vapor products, which tobacco harm reduction advocates consider to be the most effect nicotine-replacement products on the market.

    Malaysian lawmakers are currently considering the Control of Tobacco Product and Smoking Bill 2022, which, among other measures, would ban the sale of tobacco products, including e-cigarettes, to anyone born after 2007.