‘Missed the boat’?: Malaysia ready to reconsider total vape ban, but ‘lacks political will’, say experts

KUALA LUMPUR: Malaysia’s relit interest in snuffing out vapes and electronic cigarettes through a total ban, despite admittedly having “missed the boat” in doing so, could be fraught with challenges, said analysts and industry stakeholders.

Responding to recent remarks by the country’s health minister about revisiting a possible nationwide ban, analysts told CNA that the lack of political resolve and strong opposition from multiple fronts could stand in the way. 

“While it is clear that there are many public health benefits from a ban on vapes and the necessity for it is clear, the lack of political will prevent it from happening,” said Azrul Mohd Khalib, chief executive of the Galen Centre for Health and Social Policy, a Kuala Lumpur-based research and advocacy organisation.

He cited potentially significant opposition from industry, economists, people and even within the government as the vape and e-cigarette industry in Malaysia is large and provides tax revenue, jobs and foreign trade. 

Instead, some stakeholders said that the country should now focus on the enforcement of the Act 852 legislation that regulates the sale of vapes among other things, while some cautioned that a ban could result in the proliferation of the black market of the products.

Over the weekend, Health Minister Dzulkefly Ahmad said there was a readiness to revisit the possibility of banning vapes in the country, even if it’s a belated attempt. 

"We must be agile and robust. Nothing is cast in stone," Dzulkefly said in a statement to news portal Malaysiakini.

He had been asked about the remarks of Prime Minister Anwar Ibrahim's political secretary, Shamsul Iskandar Md Akin who had said it was difficult for the government to ban vapes.

Dzulkefly had said that despite plans by his predecessors as early as 2015 to ban vaping, Malaysia had missed the boat on enacting total restrictions like in Singapore, Thailand and Brunei.

Azrul agreed with Dzulkefly that Malaysia missed the window of opportunity to ban vapes and e-cigarettes several years ago, saying this allowed the industry to proliferate and embed itself into the social norms of Malaysians as an acceptable social behaviour as well as being a contributor to the economy. 

Dzulkefly’s comments came mere months after the Health Ministry announced that it would regulate vaping through the Control of Smoking Products for Public Health Act (Act 852), which was implemented on Oct 1 last year.  

The act regulates the sale, packaging and labelling of tobacco products and smoking devices in Malaysia including electronic cigarettes and vapes.

It is being implemented in stages, beginning last year with prohibitions on smoking in many public places such as educational institutions, as well as a ban on online and vending machine sales among other things. 

The next phase comes into effect on April 1 of this year, with requirements including mandatory product registration and a ban on point-of-sale display of smoking products at eateries and retail stores, followed by compliance with packaging and labelling regulations by Oct of this year.

EXPERTS: FOCUS SHOULD BE ON ENFORCEMENT

Pulmonologist Helmy Haja Mydin told CNA that as the legislation rolls into place, the current focus should be on enforcement efforts in regulating and controlling vaping, both in terms of sales as well as its use.

He said that whenever there are attempts to increase tobacco control regulations, the lack of enforcement is often cited as a reason for failure, and consequently, an excuse to not introduce new regulations.

“It is thus extremely essential for the Ministry of Health and its relevant partners to demonstrate the success of enforcement efforts as this will influence support for wider legislation such as a total ban on vaping products,” said Helmy. 

“With proper enforcement, there should be far less sales and one would anticipate fewer new users as well,” he added.  

Helmy would still support a total ban on vaping, citing its effects on health.  

“There is increasing evidence of its harm to the human body as well to our mental health, alongside evidence of it being both a new form of addiction as well as a gateway to other forms of addiction.

"It is particularly worrying to see youth become addicts as a consequence of vaping,” he said. 

Almost 20,000 cases of students vaping in schools were reported last year, according to Deputy Education Minister Wong Kah Woh.

In a parliament question time session on Tuesday (Feb 4), Wong said 19,450 were caught, almost seven times more than the number of students caught smoking, citing figures from the Students Discipline System.

Dzulkefly had told Malaysiakini that the current priority was to tighten controls, including mandatory product registration with the authorities, claiming that this has resulted in 80 per cent of vapes and e-cigarette products being removed from the market.

He told CNA that surveillance by the ministry's enforcement teams and non governmental organisations found that non-compliant products have disappeared from public view as many legal producers and distributors had begun to comply with both current and upcoming regulations.

"We understand this is because as their stock of the non compliant products finishes they stop stocking them in preparation for the enforcement dates.

"There are, of course, still businesses who are still not complying but we are sure they will begin complying by the dateline. If not then they will face enforcement (action)." he said.

Azrul however pointed out that the online purchase of nicotine vapes and e-cigarettes, which was supposed to be immediately banned under Act 852, continues to be operational and freely available. 

“It shows the lack of effectiveness in enforcement,” he said, pointing out one website that continued to sell their products online.  

He said before Act 852 was in place, there was an explosion of retail outlets selling nicotine vapes and e-cigarettes in high nicotine concentrations in sundry shops and even petrol stations, and that the sale of these products to underage individuals was also legal. 

“It is very likely that the prevalence of e-cigarette and vape use among Malaysian teens aged 13-17 has gone far beyond the 14.9 per cent recorded in 2022,” he said.

While the Federal Government hasn’t banned vapes outright, Johor became the country’s first state to stop issuing sales licensing for the products in 2016, as decreed by its ruler Sultan Ibrahim Sultan Iskandar.

CNA previously reported that even then vape products were sold openly and that enforcement continued to be a challenge, especially since state government resources were limited.  

The director of the National Cancer Society of Malaysia, Murallitharan Munisamy told CNA that he had called for a complete ban of vapes a long time ago before its proliferation in almost all layers of Malaysian life. 

“But if you suddenly ban the product, everything becomes illegal,” said Murallitharan who is a public health physician. 

He said that an estimated five million people in the country were nicotine users, either using cigarettes or vapes. 

He said that a ban on vaping would result in people switching back to cigarettes, a large amount of which were smuggled into the country illicitly.  

“We need to have very clear pathways to making sure that these people have mechanisms to quit and are provided with the medication or systems to make a change,” he said.

According to the Illicit Cigarettes Study, illegal cigarettes accounted for 55.6 per cent of the market in 2023, with an estimated 8.9 billion illicit sticks sold compared to just 7.1 billion legal ones. 

Murallitharan called for an enforcement of the regulations in place by creating a compliant framework and mechanisms to strengthen oversight of the industry. 

“Let the regulation run its course and let us start its implementations, which we are enforcing in bits. Once the enforcement measures come into place and they are effective, we can look if we want to move into a complete ban (of vapes). 

“Some countries have worked to remove the amount of nicotine and over the years bring down its amount in vape products in a scheduled manner. That can lead to a complete zero usage,” he said. 

He pointed out that countries that had vape bans are still struggling with illegal vape use.

Dzulkefly said last November in a parliamentary reply that Malaysia’s healthcare system could incur annual costs of up to US$82 million by 2030 to treat lung injuries linked to e-cigarette use, cautioning that this rising expense will further strain public health resources. 

He also said that from 2019 to September that year, the Ministry had recorded 41 cases of EVALI with each hospitalised patient requiring up to around RM150,000 (US$33,821) for a 12-day stay.

Malaysia has even tried to enact a law that would reduce smoking rates and improve public health.  

In 2022, Malaysia first mooted a smoking control law as part of a Generational Endgame Bill which aimed to prohibit consumption of tobacco and smoking products for individuals born on or after Jan 1, 2007.

It would have made Malaysia only the second nation in the Asia-Pacific region, after New Zealand, to mandate a smoking ban for future generations. New Zealand has since made moves to repeal its law.

The Malaysia Bill was scrapped in Nov 2023 amid pressure from businesses. The Attorney General deemed the age-based prohibition unconstitutional because it would create two sets of laws based on age.

According to the 2023 Global Adult Tobacco Survey (GATS), 19.5 per cent or 4.8 million adults in Malaysia, used tobacco. The survey also found that 5.8 per cent of adults were users of electronic cigarettes, compared to 0.8 per cent back in 2011. 

VAPE CHAMBER: BAN WILL PUSH PRODUCTS INTO BLACK MARKET

Ridhwan Rosli, the secretary general for the Malaysian Vape Chamber of Commerce, told CNA that a total ban on vapes has long been proven ineffective. 

“The reality is that bans do not eliminate demand; they merely push products into the black market, making them unregulated and harder to control. Instead, a well-regulated industry ensures quality standards, prevents access to minors, and provides adult consumers with less harmful alternatives,” he said. 

According to statistics published by the Malaysia Vape Industry Advocacy in 2023, the retail value of Malaysia’s vape market is estimated at nearly RM3.5 billion. 

Rosli claimed that the vape industry has always supported responsible regulations and at this stage, the Ministry of Health must focus on enforcing Act 852 to ensure compliance rather than reopening discussions on a ban. 

“A sudden policy reversal would only create further uncertainty and undermine the progress made so far. It is unwise to start another 'U-Turn' saga. Every policy should be given time to be enforced,” he said. 

“Given that enforcement is still ongoing, time should be given for all stakeholders – including industry players - to fully adapt to these regulations,” he added.