Malaysia’s New Health Minister Apologizes for Removing GEG Clause From Tobacco Control Bill

Malaysia's new Health Minister Dzulkefly Ahmad has apologized to the National Assembly for the removal of the Generational End Game (GEG) clause from the 2023 Public Health Smoking Products Control Bill.

According to a report by FMT on December 14, Malaysia's new Health Minister Dzulkefly Ahmad apologized to the National Assembly for the removal of the GEG clause from the 2023 Public Health Smoking Products Control Bill.

When submitting the Public Health Smoking Products Control Bill for approval by the National Assembly, Dzulkefly acknowledged public concerns regarding the exclusion of the GEG clause, which was intended to prohibit the sale of tobacco and e-cigarette products to individuals born after 2007.

Dzulkefly, who was the former chairman of the parliamentary committee responsible for adjusting the bill, explained that all health ministers were involved in the drafting of the bill before it was finally passed by the House of Representatives on November 30. He also stated that 18 stakeholder engagement meetings and three roundtable discussions were held before finalizing the bill.

 “I sincerely apologize to you a million times, and I earnestly urge you not to diminish the importance of the bill and to support its passage. It has taken a long time to draft.”

One of the goals of the GEG bill is to prohibit the sale and purchase of tobacco products, smoking items, and tobacco alternatives to minors or providing smoking services to minors.

After tense debates in the National Assembly, the lower house passed the bill, with both sides expressing disappointment over the removal of the GEG clause.

Previously, Malaysia's Attorney General Ahmad Terrirudin Saleh stated that the GEG clause infringed on the rights to equal protection under the law. The then Health Minister Dr. Zaliha Mustafa stated that the government decided to remove the GEG clause from the revised version of the bill because it was unconstitutional.

However, she emphasized that the Ministry of Health did not abolish these provisions. Instead, she said it was only temporarily shelved, and “for now,” the government may restore the proposal in the future if needed.

Despite claims that the Ministry of Health was pressured by lobbyists not to include the GEG clause, Zaliha emphasized that no other factors were involved besides the Attorney General's opinion.

Dzulkefly also stated that although the parliamentary committee on health affairs and the Ministry of Health wished to include the GEG clause in the bill, it was not possible due to the Attorney General's office believing it would violate Article 8 of the Federal Constitution, which guarantees equality before the law.