MORE restriction is not the answer. Smarter regulation is.
With a proposed ban on vapes looming and illicit cigarettes already accounting for 54.4% of the Malaysian market, the latest findings by the Consumer Choice Centre (CCC) are pointing to Malaysia is running out of time to get its nicotine policy right.
Henceforth, the need to reform Malaysia’s Control of Smoking Products for Public Health Act 2024 (Act 852) has become imperative, according to CCC’s “Strengthening Act 852: A Pragmatic Approach to Nicotine Regulation in Malaysia”.
In essence, the paper calls on Malaysia to strengthen Act 852 – not replace or prohibit it.
“In its current framework, the Act applies identical registration requirements, advertising bans and tax rates to combustible cigarettes and demonstrably safer alternatives products including vapes, heated tobacco and nicotine pouches.,” observed CCC.
“This uniform treatment contradicts the scientific evidence which consistently shows that combustion – not nicotine – drives almost all smoking-related diseases.”
Additionally, CCC is also of the opinion that Act 852 contradicts the economic evidence: Malaysia’ legal market generates RM3.84 bil in retail turnover, supports 31,500 direct jobs and contributed RM288.45 mil in excise revenue between 2021 and July 2025.
“A ban would eliminate those gains while doing nothing to reduce demand,” insisted CCC which claims to represent consumers’ interest in over 100 countries across the globe.
“The proposed reforms are targeted and practical. Taxes on vapes and heated tobacco products are set at 5% and 10% of cigarettes tax rates respectively with nicotine pouches left tax-free.”
CCC further urged that pre-market authorisation should be replaced with a streamlined notification process.
On this note, nicotine pouches which is currently misclassified as medicinal poisons under the Poison Act 1952 should be integrated within Act 852’s scope.
Elsewhere, product packaging should be permitted to explain evidence-based health claims while smoke-free zone rules should be amended to apply to combustion cigarettes only.
“Reforming Act 852 means Malaysia collects more tax revenue, controls more of the regulated market, protects more young people and gives adult smokers a genuine path away from cigarettes,” asserted CCC’s country associate (Malaysia) Tarmizi Anuwar.
“International experiences that have done this are seeing faster declines in smoking than anything conventional tobacco control achieved. Malaysia can get there but not with a vaping ban.”
As such, CCC has urged the Health Ministry (MOH) to immediately pause the proposal to ban or impose further restriction on safer nicotine products pending a full evidence review.
Within six months, Malaysia should convene a MOH-led task force to launch a National Tobacco Harm Reduction Strategy as the fifth pillar of tobacco control.
Within 12 months, Act 852 should be amended in line with the risk-proportionate framework as set out in this paper.
The goal is a sub-5% smoking prevalence by 2036. The regulatory tools to get there already exist. What is needed now is the policy consistency and political will to use the Act. – April 17, 2026
Main media credit: klia2.info
