KUALA LUMPUR – The government should amend existing laws to regulate vape products as it will still take some time for the new law to regulate all smoking and vape products to come into force, the Malaysian Society for Harm Reduction (MSHR) said.
With the removal of nicotine from the list of controlled substances under the Poisons Act, there is now a gap in the law that could see vulnerable groups – such as children – take up vaping, the group said.
“MSHR believes the wait for Dewan Rakyat in May 2023 and taking into consideration the bill will have to also go through Dewan Negara slated to take place in July 2023, may mean the new law is possibly only going to be ready in Q4 this year.
“Since the legislative process takes time, it means we could potentially see laws only introduced in the later part of this year. The wait is too long and the government should look into existing laws that can be amended or expanded to include vape products,” said MSHR chairman Dr Sharifa Ezat Wan Puteh in a statement today.
Dr Sharifa, who is also a public health physician and health economics specialist, said current laws regulating tobacco products are already strict and could be amended to cover vape products immediately.
“(This is) given that nicotine used in vape products is also derived from tobacco. This is to ensure safeguards are in place to protect consumers from prohibited ingredients and prevent products falling into the hands of children.”
She was referring to the Control of Tobacco Products and Smoking Bill 2022 which Health Minister Dr Zaliha Mustafa has said will be tabled in Parliament next month.
This bill will also include the Generational End Game Provision that will ban anyone born after 2007 from smoking or vaping.
The health minister announced the bill following the removal of nicotine from the Poisons Act last Friday. The move is in tandem with a new excise duty on nicotine-based vapes and e-cigarettes effective April 1. Collection of the tax, however, will only begin in May and vape manufacturers have to register themselves with the Customs Department in the meantime.
Removing nicotine from the Poisons Act without a new tobacco control law in place drew criticism because of the lacuna that now exists in enforcement.
MSHR, meanwhile, also urged Putrajaya to develop regulations to govern the use of vape as a harm reduction tool.
“Multiple independent data from local and international research show that vape has been proven to be less harmful compared to smoking and is effective in assisting smokers in quitting smoking.
“These independent research have also been acknowledged by the United Kingdom and New Zealand governments which are spearheading the tobacco harm reduction agenda.”
“Therefore, in developing the regulations for vape products, MoH needs to consider harm reduction potential for vape products so it can be used as an alternative to smoking, especially among people who do not respond to the traditional nicotine replacement therapy,” Dr Sharifa added.
These regulations should specify nicotine strength, permissible limits and ingredients, as well as labelling and warning requirements on all vape products. – The Vibes, April 5, 2023
