THE Malaysian Medical Association (MMA) has been informed of the possibility of nicotine being removed from the list of controlled substances under the Poisons Act. We are deeply concerned as once it is removed from the Poisons Act, vape products containing nicotine can then be sold in the public domain legally and with no prohibition of their sale to minors.
Vape products with nicotine are due to be taxed, according to the prime minister in Budget 2023. This is a de facto legalisation of nicotine, allowing it to be sold in the public domain.
In order for vape products containing nicotine to be sold, nicotine will have to be removed from the list of controlled substances under the Poisons Act. There has been talk that this is imminent and will be carried out as soon as the first week of April.
Currently, nicotine is listed as a prescription item in the list of controlled substances under the Poisons Act.
There are no regulations pertaining to the use of vape products in Malaysia currently in place. Removing nicotine from this list of controlled substances under the Poisons Act will then allow any vape products – both containing nicotine and not to be sold openly and legally to anyone including children of any age.
It is important to note that the current Control of Tobacco Product Regulations only cover nicotine within cigarettes and have controls in place to ensure cigarettes can only be sold to those above 18 years of age.
Nicotine is a dangerous, highly addictive substance. Even within cigarettes, we prohibit the use of cigarettes to those below 18.
Removing nicotine from the Poisons Act before passing the Tobacco Control Bill will give children unhindered access to vape products containing nicotine – which will lead to a whole new generation of children and young people becoming addicted.
The Health Ministry and government via various stakeholder engagements had clearly mentioned that addressing the issue of smoking and vape addiction was to be a stepwise process, i.e. i) passing the Tobacco Control Bill – which has comprehensive controls on sale of tobacco and vape products – and ii) removal of nicotine from the Poisons Act and then taxing it.
Current actions denote the government is more concerned with the potential tax revenue and has little to no worry about the impact of this on the health of all Malaysians.
As agreed and discussed by all parties, the Tobacco Control Bill needs to be passed first. Only then there will be adequate control of vaping, including vaping devices with nicotine. Only then can we move to tax vape products and allow their sale to those older than 18 under controlled conditions. – The Vibes, March 29, 2023
Dr Muruga Raj Rajathurai is president of the Malaysian Medical Association
