The draft is now with the AGC for final review, says MoH

By RAHIMI YUNUS / Pic By HUSSEIN SHAHARUDDIN

THE government is expected to table a new Act which covers all smoking products including vapes and e-cigarettes in Parliament next year.

The Ministry of Health (MoH) said the new Tobacco Control and Smoking Act has been developed and drafted since 2015 and it will regulate all smoking products including e-cigarettes based on a Cabinet decision in 2016.

“The draft is now with the Attorney General’s Chambers (AGC) for final review. It is expected to be tabled in the Parliament in early 2020,” MoH’s Tobacco Control Sector of Disease Control Division told The Malaysian Reserve (TMR) in writing.

The ministry said the decision will be in line with the World Health Organisation Framework Convention on Tobacco Control whereby parties are required to either ban or regulate the use of the products.

“MoH will be imposing stricter regulations for cigarettes and other smoking products including e-cigarettes without nicotine in the new proposed act,” it said.

Presently, vapes or e-cigarettes containing nicotine are banned under the Poisons Act 1952 unless they are registered as medicinal.

“More and more studies have shown that vapes and e-cigarettes are not as harmless as believed but still harmful to human health.

“Furthermore, vapes and e-cigarettes are still not proven to be effective as modalities to quit smoking. The devices are at risk of burn injuries and some devices mimic cigarettes in terms of nicotine delivery,” it added.

TMR reported yesterday that over 5,000 enterprises including some 1,800 vape shop owners will be impacted once the government enforces the law to regulate the use and sale of e-cigarettes in the country.

Malaysia E-Vaporisers and Tobacco Alternative Association VP Niezam Talib told TMR that Malaysia’s e-cigarette market is valued at between RM1.5 billion and RM2 billion a year, serving about 1.2 million e-cigarette users.

Excluding the black market, Niezam said Malaysia exports about RM300 million worth of vape liquids, placing the country second after the US.

He said a concrete policy on vaping is needed and the group has suggested that more consultations should be held between the government and industry players.

He also said there has been a double standard on vape, particularly when compared to combustible cigarettes.

In response, MoH said it has conducted multiple engagements with industry players and there is no discrimination on any smoking products.

“Since 2016, we have multiple engagements with the vape/e-cigarette manufacturers to inform them on the new Act and how the ministry will regulate their products.

“As a guardian of health for Malaysians, MoH never discriminates any smoking products. All smoking products are harmful to health and should be banned.

“It is not true that MoH did not do anything for cigarettes. Currently, cigarettes and other tobacco products are strictly regulated under the Control of Tobacco Product Regulations 2004,” MoH said.

The rising number of vaping-related deaths in the US has set the alarm off for governments around the world to consider banning vaping products.

The death toll from “mysterious” lung illnesses linked to e-cigarette use has climbed to 17 people there.

Meanwhile, the UK reported the country’s first such case recently.

Niezam said any anti-vaping campaigns should highlight the fact that the cause of deaths was due to illicit liquids.

This, he said, adds to the need to regulate the industry from every angle beyond the retail aspect, such as liquid production and device certification.

He said stricter measures such as age verification for online purchases could be introduced under the regulatory scheme to prevent minors from buying vaping products.

In hindsight, Niezam raised a point that if vaping is believed to be bad, why would hospitals in the UK allow vape shops to operate at the sites.

In July, two e-cigarette shops were opened in two NHS hospitals in the West Midlands, England.

Run by Ecigwizard, a leading UK supplier of e-liquid and e-cigarettes, the outlets were opened in Sandwell General Hospital and Birmingham City Hospital.

Both shops are run by Sandwell and West Birmingham Hospitals NHS Trust.