| Section | Link to Section |
|---|---|
| Critics Alert | Critics Alert The Public To A Serious Health Crisis |
| Released Regulations | Soon To Be Released Regulations |
The Poisons Act in Malaysia will not apply to nicotine found in e-liquids, the country's health minister declared last Friday. The ruling created the foundation for a sizable, legally permitted e-cigarette sector.
In its 2023 budget, the finance ministry already included a tax on vaping items, which it then published on March 29 in the nation's official gazette. An excise of 0.40 Malaysian ringgits (RM), or around 9 cents US, per milliliter for e-liquids containing nicotine is part of the tax that went into effect on April 1. That is the same tax rate that is applied to e-liquids with no nicotine now.
After a meeting of the Poisons Board, whereby a recommendation was made to prohibit the sale of nicotine to consumers, the decision to remove nicotine from the official Poisons List was met with controversy. Before, nicotine could only be obtained with a prescription and then only for medical uses. The Poisons Board and proponents of tobacco control wished to keep the prohibition on consumer-facing nicotine products in place.
In a March 30 gazette notice, the administration formally announced its decision. The notice described an amendment to the Poisons Act that permits the use of nicotine in "preparation of a kind used for smoking through the electronic cigarette and electric vaporizing device, in the form of liquid or gel," as reported by the New Straits Times. Health Minister Zaliha Mustafa personally authorized the directive.
Critics Alert The Public To A Serious Health Crisis
There is currently no legislation controlling the market, advertising, or vaping products, even with the increased tax and nicotine regulations. Anti-vaping organizations claim that since e-cigarettes are not included by Malaysia's current tobacco control regulations, vaping is now totally unregulated and that it is even allowed to sell them to minors. According to M. Murallitharan, chairman of the Malaysian Council for Tobacco Control, "a child can now vape without any legal repercussions because there are no laws against this," as reported by the Times.
The argument is a little misleading because there is already a sizable unregulated vaping sector in Malaysia, where a vast number of illicit vaping goods with nicotine are offered in addition to ones with zero nicotine that are lawfully available in local vape shops. The new regulations will merely make it possible for vapes that contain nicotine to return from the illegal market to vape stores, where adults may purchase them without worrying about sporadic police raids.
CEO of the Galen Centre for Health and Social Policy Azrul Mohd Khalib told Malaysia Now that "this decision is likely to mark the beginning of one of the biggest public health crises in Malaysia: a dramatic increase in young people and children who are addicted to nicotine, through vape." "There is already a crisis of non-communicable diseases affecting millions of individuals, including obesity, diabetes, cancer, and hypertension. The next one will be this one."
Soon To Be Released Regulations
After being shelved last year, the 2022 Control of Tobacco Product and Smoking Bill sought to amend the nation's current laws to regulate vaping and tobacco products. A contentious "generation endgame" clause in the law would prohibit the sale of consumer nicotine products to anyone born after 2005. A similar rule imposed last year in New Zealand did not encompass vaping goods, as the Malaysian generation ending bill did.
According to the Malay Mail, Health Minister Zaliha Mustafa declared on April 1st that the government will put out a comparable bill to control nicotine usage as early as May. She stated that the generation endgame strategy would be included in the new bill. The impact of the new regulations and potential legislation on Malaysian states—at least five of which have outlawed the sale of any vaping products—remains to be seen.
Malaysia has seen intermittent changes. The former Malaysian government went so far as to propose a comprehensive tax scheme, and it was stated in late 2021 that it intended to regulate and tax vaping items. Shortly thereafter, the tax scheme was abandoned, and the Control of Tobacco Product and Smoking Bill—which would have imposed regulations on vaping—was postponed.
Malaysia is currently headed toward being one of the few Asian nations—most notably China and the Philippines—that have legalized and controlled vaping marketplaces. There are more complete bans on vaping, particularly in Southeast Asia.
