Malaysia’s tobacco control bill to be submitted next month to regulate the vaping industry

Today, on April 2, it was reported that the Malaysian Ministry of Health will submit the "2022 Tobacco Products Control and Smoking Bill" to Parliament next month to ensure comprehensive control over nicotine-containing products.

Health Minister Dr. Zaliha Mustafa stated that the bill will regulate the manufacturing of all smoking products, including electronic cigarettes or electronic cigarettes containing gel and liquid nicotine.

"The ministry has held a participatory meeting regarding the policies formulated under this new law, including generational end game terms (GEG) for all stakeholders such as lawmakers, NGOs, professional organizations, and other relevant parties."

She stated in a press release that the ministry aims to submit the bill immediately at the second session of the 15th Parliament, expected to be held in May 2023.

Earlier today, the New Straits Times reported that the Ministry of Health has approved an amendment to the 1952 Poison Act to remove nicotine from the poison list. This paves the way for the legalization of nicotine-containing products for taxation purposes.

Zaliha stated that the exemption of nicotine from the Poison Act aligns with the 2023 budget, under which the government will impose a consumption tax on nicotine-containing liquids or gels used in electronic cigarettes and vaping devices.

She mentioned that aside from this exemption, liquids or gels containing nicotine used for consumption through electronic cigarettes or vaping devices are now subject to consumption tax and regulated under the 1976 Consumption Tax Act [Act No. 176].

The 1976 Consumption Tax Act provides control through licensing for manufacturing and warehousing activities. Anyone manufacturing consumption tax goods without a license may face legal penalties.

She stated that the Ministry of Health will strengthen anti-smoking publicity campaigns.

"The ministry is recording the attention, responses, and feedback received from the public media since the exemption of nicotine-containing liquids or gels from the first schedule of the poison list under the 1952 Poison Act [Act No. 366]."

"The ministry will strengthen publicity campaigns to raise awareness of the harms of smoking, including the use of electronic cigarettes or vaping devices through the Generational End Game Anti-Smoking Program (Gegar) in collaboration with the Ministry of Education, the Ministry of Higher Education, the Graduate Volunteer Foundation, the Malaysian Youth Council, and other relevant NGOs."