Written by: Averroes
(1.0) Introduction
It was proposed by Health Minister, Khairy Jamaluddin that a Tobacco and Smoking Control Bill would be submitted to the Dewan Rakyat in 2022, but had faced several antagonism by a penumbra of parties. It has been 12 years, since the Bill has not been fully materialised into a law.
Today, the provisions of the Bill are still subjected to review, to address the problems pertaining to not just smoking, but vaping which has become venereal. It is one of the crucial steps to eradicate cigarettes to the brink of extinction.
(2.0) What are vapes?
They are a form of e-cigarettes which apart from the conventional cigarettes, consumers use it by heating non-tobacco products, which are instead liquids or fluids. Vaping is similar to smoking, but was alleged to not contain hazardous chemicals. The liquids contain nicotine and non-nicotine which are then vapourised.
Proponents argue that switching to vapes, instead of cigarettes will pave for the eradication of smoking and the end to nicotine addiction. The reality is that youngsters especially are buying vapes for the trend, its colours and marketing which defeats the purpose to end smoking.
The vapes do actually contain nicotine and may lead to addiction. Instead, a new community of vapers exist which only replaces smokers. The problem of nicotine addiction either continues or expands.
(2.1) Statistics on Vapes and Cigarettes
It was found that the vaping industry in Southeast Asia is totaled up to a fervent figure of RM3 billion, as Malaysia is among the largest exporters of vape e-liquids globally. However, 12.5 billion vapes are smuggled into our country.
The National Health and Morbidity Survey 2019 also provides that 1.12 million Malaysians vape and that the tobacco cigarette industry is depreciating. Since vapes are on the rise, teenagers and children are consuming them.
5 years ago, 600,000 children aged between 11 to 18 were vaping, according to the Health Ministry's statistics. Now, the figures are increasing. We can see minors vaping in public premises, such as the restaurants, malls, schools, parks and openly by the streets or playground.
Smokers and vapers are influenced to start by their peers and fathers back at home. Instead, people have become addicted to both smoking and vaping, increasing mortality and risks to others. If this predicament persists, numbers indicate that there 27,000 tobacco-related deaths annually, contributing to heart disease, cancer and stroke.
(2.2) How to quit smoking or vaping
There is the Nicotine Replacement Therapies (NRTs) which includes many tools and utensils to quit smoking. They may include nicotine patches or gums. It has been proven clinically that these tools could cease smoking and the its success rates are up to 60%.
It is suggested the NRTs should be available Over The Counter (OTC) in convenience stores, alongside cough medicine, paracetamol and chocolates which would then be easily accessible by the public.
Rehabilitation and moral support groups could also potentially reduce the number of smokers and end the habit. Proper education should also be instilled among society.
(3.0) Legal Analysis
Minors (Generational Ban)
Vaping in Malaysia is unregulated, similar to that in the United States. It had led to deleterious effects onto Malaysians, especially among teenagers whom are exposed to it at a very young age. The law does not prohibit teenagers and children from consuming vapes.
However, for cigarettes there are regulations, but for now it is only prohibited for those aged below 18.
New Zealand is among the country to implement the generational ban in stages from 2024. They aim to reduce their national smoking rate to 5% by 2025. Those aged 14 will never be allowed to buy cigarettes their entire life.
Hence, the law must address the legal ban on minors or a generational ban. It means that those born after 2005 would no longer be able to smoke. If we do not impose the generational ban, despite doubts on its success, then the percentages will keep on increasing.
Malaysia's FCTC (Framework Convention on Tobacco Control) 2020 Report to WHO states that 45% of men across age groups will continue to smoke and 17.4% of children aged between 13-15 will be smokers. 1 in 10 children aged 12 and below will lit a cigarette.
Regulation
Moreover, in the UK, the law for vaping is regulated, whereby nicotine could not exceed 2% and a number of colourings and stimulants are banned, including taurine. Whereas, Malaysia's vapes contain 3-5% nicotine or even more.
UK manufacturers also have to abide by strict regulations, by undergoing toxicological testing, ingredients and emissions, as well as rules on tamper-proof and leak proof packaging. However, Malaysia's regulation is absent on this and mixing different vape concoctions can be done in retail shop lots, stalls and makeshift drop leaf tables.
Amendments to existing laws
Currently, tobacco is regulated under the Food Act 1983. More specifically, section 36 of the Act regulates vaping products and e-cigarettes through the Control of Tobacco Product Regulations 2004.
There, the provisions of the regulations could be amended to include the generational ban, especially under section 8 that bans sale to minors.
For vapes, if containing nicotine, they are regulated under the Poisons Act 1952 that governs medicines and drugs, is also being considered to be amended so that the sale of nicotine by non-medical parties is allowed, until a tax is imposed on vaping liquids containing nicotine.
By taxing vapes, so that the revenue generated by the vape industry could be sent into the nation's coffers and be used for purposes, such as developing education, NTRs and medical amenities for those addicted to nicotine. To be taxed, it has to be legal first to be sold by retailers.
Many vapes are smuggled into Malaysia which is not taxed, and the country has lost so much revenue, and that these vapes that enter are unregulated and consumers are vulnerable to threats.
Under the law, Nicotine is listed under the Group C poison as under section 22, which could only be sold by registered pharmacists and doctors. The amendments would also involve increasing the punishments, including fines for offences related to poisons.
However, cigarettes are exempted and may be sold by non-medical retailers.
The sale of products containing nicotine other than medical treatment is actually prohibited under the Act and that the law imposes a fine not exceeding RM3,000 and maximum jail of one year or both as under section 32(2).
(4.0) Conclusion
To conclude, vapes should be regulated and taxed by allowing non-medical sale, if not a generational ban should be imposed upon it as well as cigarettes. Smokers and vapers should resort to recovery aids or tools to stop their addictive habits. Both the Control of Tobacco Product Regulations 2004 and the Poisons Act 1952 should be amended.
Prevention and education should be instilled, especially the younger generations to curb the increase of cigarettes and vape consumption.
(5.0) References;
Azrul Mohd Khalib (March, 2022) Why you should support the Tobacco and Smoking Control Bill. Retrieved from, https://www.freemalaysiatoday.com/category/opinion/2022/03/11/why-you-should-support-the-tobacco-and-smoking-control-bill/
Dina Murad. (January, 2022) Tougher laws for a smoke-free future. Retrieved from, https://www.thestar.com.my/news/nation/2022/01/09/tougher-laws-for-a-smoke-free-future
Babulal, V. (January, 2022) Endgame for future smokers born after 2005. Retrieved from, https://www.nst.com.my/news/nation/2022/01/766956/endgame-future-smokers-born-after-2005
CodeBlue. (November, 2021) After Vape Tax Announced, MOH To Amend Poisons Act. Retrieved from, https://codeblue.galencentre.org/2021/11/09/after-vape-tax-announced-moh-to-amend-poisons-act/
NST Business. (March, 2022) Amend Poisons Act to tax, regulate nicotine vape products, RTBA Malaysia tells MoH. Retrieved from, https://www.nst.com.my/business/2022/03/778078/amend-poisons-act-tax-regulate-nicotine-vape-products-rtba-malaysia-tells
Control of Tobacco Regulations 2004. https://www.tobaccocontrollaws.org/files/live/Malaysia/Malaysia%20-%20TC%20Regs%202004.pdf
Poisons Act 1952. https://www.pharmacy.gov.my/v2/en/documents/poisons-act-1952-and-regulations.html
Food Act 1983. http://extwprlegs1.fao.org/docs/pdf/mal27309.pdf
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