Malaysia is set to enforce stringent vaping regulations from June this year, aiming to curb the rampant underage vaping. This comprehensive move comes as part of the Public Health (Control of Smoking Products) Act 2024 (Act 852). Here’s everything you need to know about the upcoming changes:
1. Registration Requirements
Every tobacco product, smoking substance, or alternative tobacco product must be registered before it can be imported, manufactured, or distributed in Malaysia. Failure to comply will result in hefty penalties, including fines up to MYR 30,000 and imprisonment for individuals, and even steeper penalties for corporations, ranging up to MYR 300,000.
2. Ban on Advertising, Promotion, and Sponsorship
The new law strictly prohibits all forms of tobacco product advertising, promotions, or sponsorship activities. Those found in breach of this rule will face similar fines and imprisonment terms as those breaching registration requirements.
3. Sales Control
It is now explicitly illegal to sell any tobacco products, smoking materials, or substitutes to minors. Violators will face varying degrees of fines and imprisonment.
4. Packaging and Labeling Regulations
All tobacco products must adhere to specific packaging and labeling requirements under the new law. Non-compliance will be met with similar penalties to those for registration infringements.
5. Designated Non-Smoking Areas
The Minister of Health has the authority to designate any public place as a non-smoking area. Violators can be fined up to MYR 5,000.
6. Emergency Measures
In emergencies, the Minister of Health may convene a special committee based on the advice of the Director-General of Health to restrict or prohibit the use, manufacture, distribution, or sale of tobacco products.
In Summary, Malaysia’s new vaping laws patch up the previously unregulated gaps. In March 2023, the government removed nicotine from the list of poisons under the Poisons Act, effectively decriminalizing its use in vaping products. Additionally, from April 1, 2023, nicotine-containing e-liquids were subjected to a consumption tax of MYR 0.40 per milliliter.
Despite being the third-largest e-liquid producer globally and having a quarter of its population as smokers, Malaysia’s previously lax regulations contributed to a 600% increase in vape users over 12 years, with the rate among 15 to 24-year-olds jumping from 1.1% in 2011 to 8.6% in 2023.
What’s the buzz? As of last April, with the tax scheme in place, only 10 vaping businesses had registered, a number starkly disproportionate to the scale of the industry. This discrepancy highlighted the need for Act 852.
So, whether you’re a vaper, a retailer, or just an interested party, it’s clear that Malaysia is tightening the reins on the vaping scene. Want to stay ahead of the curve and puff on the edge of legality? Keep following us for more updates and insights into the vaping world. And remember, always vape smart!
