Malaysia’s Anti-Smoking Law To Be Implemented Oct 1
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The Health Ministry has announced that the Control of Smoking Products for Public Health Act 2024 (Act 852) will take effect starting October 1, 2024.
Act 852 was gazetted earlier in February this year. It is Malaysia’s first dedicated Act to control tobacco and vape products with federal legislation.
Although it was gazetted more than six months ago, the Act only comes into operation on a date set by the Health Minister by official notification in the Federal Gazette. On September 24, Health Minister Datuk Seri Dr. Dzulkefly Ahmad officially announced the Act’s implemented to start in October this year.
Control of Smoking Products for Public Health Act 2024 (Act 852)
It is the first standalone Act in Malaysia to control cigarettes and electronic cigarettes. This includes all types of cigarette products in the market.
Act 852 covers all aspects of cigarette products in Malaysia. This includes:
- Registration requirement
- Advertisement, promotion and sponsorship prohibition
- Control of sale prohibition
- Control of price, packaging, labelling and manufacturing prohibition
- Regulation of smoking areas and prohibition of smoking for minors
- Liability responsibility for manufacturers, importers and distributors
- Enforcement and prosecution of offences
Vape regulation comes under Act 852
In March last year, the previous health minister had gazetted an order to remove liquid and gel nicotine from the Poisons List of controlled substances under the Poisons Act 1952.
This allowed the government to collect taxes on nicotine vape liquids and nicotine vape products. At the same time, it allowed minors under 18 years old unregulated access to the same products.
Anti-smoking groups have been lobbying since then to get the government to implement this standalone Act. The Act had first to be tabled, passed and receive the royal assent from the Yang di-Pertua Agong before it could be gazetted and implemented.
Act 852 will now ban the sale of tobacco and vape products to minors under 18 years old.
Control of Tobacco Product Regulations 2004
Before this Act, only cigarettes containing tobacco could be regulated under the current Control of Tobacco Product Regulations 2004 which is parked under the Food Act 1983. It is not able to regulate electronic cigarettes or vapes that do not contain tobacco.
The tobacco and vape generational end game (GEG) ban was originally a major part of this standalone anti-smoking bill. The GEG regulation proposed to ban access to tobacco and vape for future generations (starting from those born from 2007). The GEG part was dropped from Act 852 when it was finally tabled in Parliament late last year.
