How over-regulating vape products could hand Malaysia’s smoker base to criminal syndicates
PETALING JAYA: Malaysia risks pushing vape users into the black market if it responds to the recent High Court ruling with overly strict restrictions on vaping and smoke-free nicotine products, a regional tobacco harm-reduction coalition warned yesterday.
It said tighter controls could backfire as cigarettes remain widely available and continue to cause most tobacco-related harm.
READ MORE: Viral video triggers concern over alleged mushroom vape abuse among youths
The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (Caphra) said Malaysia, Indonesia and the Philippines were at a critical policy crossroads as governments across the region weigh tougher measures on vaping and smoke-free nicotine products.
In a statement yesterday, the coalition urged Southeast Asian governments not to adopt what it described as Australia’s failed nicotine-control approach, arguing that overly restrictive policies had fuelled illicit trade instead of reducing demand for nicotine products.
Caphra executive coordinator Nancy Loucas said governments must recognise that demand for nicotine would not disappear simply because legal access was restricted.
“When safer legal options are pushed out, illicit markets move in.
Southeast Asia should see Australia as a warning, not a model.”
Loucas said regulators should not treat cigarettes and lower-risk smoke-free alternatives under the same policy framework, stressing that tobacco-related disease remained overwhelmingly linked to combustible products.
“Combustion remains the main driver of tobacco-related death and disease. Good policy puts the toughest restrictions on cigarettes while strictly regulating lower-risk alternatives for adults.”
She added that poorly designed nicotine policies risked strengthening illegal markets instead of improving public health outcomes.
“A bad nicotine policy does not end demand. It simply hands that demand to illegal markets.”
The debate over Malaysia’s nicotine and vape regulations resurfaced after the High Court ruled on May 15 that the government had acted unlawfully in 2023 when it removed liquid and gel nicotine used in vape products from the Poisons List.
Judge Datuk Aliza Sulaiman ruled that the exemption was irrational and carried out without proper consultation with the Poisons Board, which had unanimously opposed the move.
The court also found that the decision was driven largely by economic considerations following Budget 2023 proposals to impose excise duty on nicotine-containing vape liquids and gels.
Caphra said concerns involving youth vaping, weak enforcement and adulterated products were legitimate, but argued these issues required targeted regulation rather than blanket restrictions.
The coalition also urged governments in the region to base policy decisions on local public health realities instead of adopting what it described as “prohibitionist models” from overseas.
It said governments should avoid regulations that sideline adult consumers while creating space for illegal suppliers to thrive.
Caphra Philippines representative Clarisse Virgino said former smokers who had switched to smoke-free alternatives should not be excluded from policy discussions.
“Adults who have moved away from smoking should not be treated as an afterthought. If governments ignore consumers and overcorrect with bans, they risk strengthening illicit trade and protecting cigarettes from competition,” she said.
Caphra said tobacco harm reduction should form part of a broader public health strategy aimed at reducing smoking-related diseases rather than condemning all nicotine use outright.
