Malaysia's Health Minister Dzulkefly Ahmad recently expressed a willingness to reconsider a comprehensive ban on vaping within the country. This announcement comes amid growing concerns that Malaysia may have missed its opportunity to curb the proliferation of vaping, which has deeply ingrained itself into the fabric of Malaysian society. The vape market in Malaysia is substantial, with a retail value estimated at nearly RM3.5 billion.
The issue is particularly pressing in schools, where Deputy Education Minister Wong Kah Woh reported nearly 20,000 cases of students vaping last year. According to the 2023 Global Adult Tobacco Survey (GATS), 19.5 percent of Malaysia's adult population, equating to approximately 4.8 million individuals, are tobacco users. Despite existing regulations under Act 852, online sales of nicotine vapes and e-cigarettes remain freely available, highlighting enforcement challenges.
The Ministry of Health recorded 41 cases of EVALI (e-cigarette or vaping product use-associated lung injury) from January to September 2019. These cases underscore the significant healthcare costs associated with vaping-related ailments, with treatment expenses for a 12-day hospital stay reaching around RM150,000 (US$33,821) per patient. Projections indicate that by 2030, the annual cost of treating lung injuries related to e-cigarette use in Malaysia could soar to US$82 million.
Legal and regulatory challenges further complicate the issue. The Attorney General found age-based prohibitions unconstitutional, as they would create dual legal standards based on age. Notably, Johor became the first Malaysian state to halt sales licensing for vapes in 2016, following a decree by its ruler Sultan Ibrahim Sultan Iskandar.
Murallitharan Munisamy, Director of the National Cancer Society of Malaysia, advocates for a complete ban on vapes, a stance he has long maintained. Conversely, industry representatives like Ridhwan Rosli argue for responsible regulation rather than outright bans. Rosli contends that bans drive products into the black market, leading to unregulated and potentially more harmful usage.
"The reality is that bans do not eliminate demand; they merely push products into the black market, making them unregulated and harder to control. Instead, a well-regulated industry ensures quality standards, prevents access to minors, and provides adult consumers with less harmful alternatives," – Ridhwan Rosli
The Ministry of Health faces pressure to enforce Act 852 more rigorously, with stakeholders urging the creation of a compliant framework and mechanisms to bolster industry oversight. Murallitharan emphasizes that focusing on enforcement is crucial before considering an outright ban.
"Let the regulation run its course and let us start its implementations, which we are enforcing in bits. Once the enforcement measures come into place and they are effective, we can look if we want to move into a complete ban (of vapes)," – Murallitharan
Health Minister Dzulkefly reiterated the need for adaptable policies in response to evolving circumstances.
"We must be agile and robust. Nothing is cast in stone," – Dzulkefly
He also noted ongoing efforts toward regulatory compliance.
"We understand this is because as their stock of the non-compliant products finishes, they stop stocking them in preparation for the enforcement dates. There are, of course, still businesses who are still not complying but we are sure they will begin complying by the dateline. If not then they will face enforcement (action)," – Dzulkefly
Azrul Mohd Khalib highlighted the detrimental effects of vaping on physical and mental health, particularly among youth.
"There is increasing evidence of its harm to the human body as well to our mental health, alongside evidence of it being both a new form of addiction as well as a gateway to other forms of addiction. It is particularly worrying to see youth become addicts as a consequence of vaping," – Azrul
Despite these concerns, Rosli cautioned against abrupt policy changes that could undermine regulatory progress.
"A sudden policy reversal would only create further uncertainty and undermine the progress made so far. It is unwise to start another 'U-Turn' saga. Every policy should be given time to be enforced," – Ridhwan Rosli
Murallitharan advocated for support systems to help individuals quit vaping effectively.
"We need to have very clear pathways to making sure that these people have mechanisms to quit and are provided with the medication or systems to make a change," – Murallitharan Munisamy
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