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Anti-smoking law: Draw up regulations on sale of vape products immediately, experts tell govt

KUALA LUMPUR: As Malaysia set to enforce the Control of Tobacco Products for Public Health Act 2023 this year, more stringent measures to deter smoking and the regulation of vape products should be put in place soon.

Consumers Association of Penang senior consumer and environmental education officer N. V. Subbarow said such actions were crucial for protecting children and the public.

"The focus should be protecting the health of non-smokers, especially those who are forced to inhale smoke in public places such as walkways.

"The authorities should consider installing CCTVs (closed-circuit television cameras) at no-smoking zones to deter offenders," he told the New Straits Times.

He added that advertisements for vape products must be strictly regulated.

This includes prohibition of product banners in public areas as well as stringent regulation of online promotion of their sale, especially on social media.

"Gone are the days of 'gaya, mutu, keunggulan' (trademark of a tobacco brand in TV commercials), but now, we can easily find vape products promoted online.

"Sometimes, we can see vape products displayed on cashier's counters at eateries."

Compared to cigarette odours, vaping was more appealing to children, due to the fruity and pleasant smell and flavours, which drives them to indulge in the habit, he said.

The National Health and Morbidity Survey (NHMS) found that the percentage of teenagers aged 13 to 17 who vape has increased from 9.8 per cent in 2017 to 14.9 per cent in 2022.

The Malaysian Council for Tobacco Control (MCTC) president Dr Murallitharan Munisamy urged the government to expedite the drawing up of regulations pertaining the Act.

"Without the regulations, the Act has no teeth as regulators, including the MCMC (Malaysian Communications and Multimedia Commission), do not have the power to take action on online sale, promotion and marketing of vape products, for instance.

"Once we have the regulations, then we can talk about awareness programmes, advocacy and community policy," he said.

He said matters such as the banning of the sale of tobacco and vaping products to minors were overcome by the Act and shall be enforced through the regulations.

Dr Murallitharan said while it requires a lot of efforts, he believed Malaysia could be a smoke-free nation within the existing legal framework.

Health Minister Datuk Seri Dr Dzulkefly Ahmad earlier said the Control of Tobacco Products for Public Health Act 2023 will be enforced starting this year pending the approval of regulations.

The Act includes provisions such as prohibiting the sale and purchase of tobacco products, smoking materials, or tobacco substitute products, as well as providing any smoking services to minors.

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