The vaping industry is in a state of limbo as it awaits details of an upcoming law which could have significant implications for the sector. Despite calls for clarity, little information has been forthcoming, leaving businesses unsure how to plan for the future. In this article, we explore the uncertainty surrounding the proposed legislation and what the potential impacts could be for those involved in the vaping industry.
The Malaysian Vape Chambers of Commerce (MVCC) has expressed its concerns regarding upcoming laws to regulate the vape industry, stating that the government has not consulted with the industry’s players in their preparation. The sector’s players have been left in the dark by the health ministry regarding the new legislation and regulations, according to the MVCC’s secretary-general, Ridhwan Rosli. Rosli stated that it is critical for the government to obtain input from industry players before any recommendations on the bill are made.
The Malaysian government has plans to exempt vape liquid containing nicotine from the Poisons Act and impose an excise duty on the product. The MVCC supports this move but has no knowledge of the upcoming laws. There has been no discussion with the Ministry of Health (MoH) on this matter, according to Rosli’s statement. The last discussion was held in mid-2022 with former health minister Khairy Jamaluddin. Since then, the industry players have not had any discussion on the proposed laws with the new minister nor with any officials from the ministry.
Rosli said it was important for industry players to be involved in the discussion before any recommendations on the bill are made. This will ensure that Malaysia’s vape laws are consistent with international practice and countries that are regulating the product. The Philippines was cited as an example of proper vape regulation laws, praising the country’s thorough process to introduce the regulations; this was a culmination of numerous meetings with all stakeholders.
Earlier this month, a gazette notice was published by the health ministry granting exemption from poisons control for nicotine liquids and gel used in e-cigarettes and vapourising (vape) products. This exemption clears the way for over-the-counter sales of the two nicotine products, as well as nicotine patches used to stop smoking. Without the exemption, products containing nicotine could only be obtained on prescription from doctors or pharmacies.
The Malaysian Council for Tobacco Control (MCTC) accused health minister Dr Zaliha Mustafa of using her ministerial powers to overrule the Poisons Board, which voted against exempting the substances from the Poisons Act. The MCTC raised concerns over the lack of transparency in the government’s decision-making process.
This conflict represents an ongoing debate regarding the safety and usefulness of vaping products. While some view them as potential aids to smoking cessation, others believe that they are equally addictive and cause health problems similar to traditional cigarettes. Vapers from around the world have been advocating for the regulation of the vaping industry to reduce underage use and ensure safety standards. Governments worldwide have been under increasing pressure to regulate the industry proactively.
