FINALLY, Malaysia will have a law regulating the sales and purchase of tobacco products, smoking materials and tobacco substitute products, pending approval by the Senate.
The Control of Smoking Products for Public Health Bill was passed by the Dewan Rakyat on Nov 30.
This Bill holds great significance for me as I have lost three close family members to tobacco-related diseases, including an uncle who succumbed to lung cancer.
I know the kind of devastation that such diseases can have, affecting not only the patients but also their family members, in terms of despair, financial ruin and psychological trauma.
Considering the significant threat posed by the habit, a specific law to deal with the habit, including vaping, should have been implemented much earlier.
Approximately 27,000 Malaysians succumb to illnesses associated with smoking annually.
Before this, laws related to smoking came under the Control of Tobacco Product Regulations 2004, which was placed under the jurisdiction of the Food Act 1983. Despite the gravity of such a dangerous habit, there were no specific laws regulating the industry.
I congratulate the Health Ministry for its foresight and courage in presenting the Bill, especially its minister, Dr Zaliha Mustafa. As a woman, I am proud of her being the first female health minister.
Given that the passage of the Bill is likely to be smooth in the Dewan Negara, Malaysians can soon expect more stringent control on the sale of tobacco and
tobacco-related products, including cigarettes and vape.
The Bill, among others, seeks to prohibit any forms of advertising, promotions or sponsorship of these products – a prevalent practice, especially with vaping products. Once gazetted, the law will also regulate the packaging of tobacco and tobacco-related products.
Another critical provision is the prohibition of sales of products containing liquid nicotine to minors. As we know, liquid nicotine has been removed from the list of scheduled substances under the Poisons Act 1952 since early this year for taxation purposes. This allows anyone regardless of age to legally purchase and use vaping products.
Vaping has become prevalent, with outlets selling the products mushrooming throughout the country. This is despite growing concerns over the long-term
health impact of using these products. However, with this new law, the lacuna will soon be filled.
One of the criticisms about this proposed law is its failure to include the Generational End Game provision. Under the initial iteration of the Bill, those born in and after 2007 will be barred from purchasing tobacco and tobacco-related products.
However, since the attorney-general felt that the inclusion of the provision may be legally challenged, the Health Ministry
chose to defer its implementation for the time being.
According to Zaliha, the ministry will work out a way to include this provision in the future.
I congratulate the Madani government, especially the health ministry and the Attorney-General’s Chambers, for working tirelessly on this Bill to bring it to fruition.
Rokiah Abdul Hamid
Petaling Jaya
