Exemption of vape liquids containing nicotine under Poisons Act vital to regulate industry

THE Malaysia Retail Electronic Cigarette Association (MRECA) sees the exemption on nicotine for vape products from the Poisons Act as a positive move that will pave way for regulations to be introduced for the vape industry.

“We support the Government’s move as it will enable regulations to be introduced onto vape products,” commented MRECA president Datuk Adzwan Ab Manas. “Continuing to subject vape products containing nicotine under the Poisons Act does not help as this is not a suitable framework.”

In developed countries such as the United Kingdom, New Zealand and Canada where vape products are regulated, e-liquids with nicotine are not subject to the Poisons Act, according to Adzwan.

“Instead, there is a proper regulatory framework to regulate the products. Therefore, the government is taking the right steps to exempt nicotine for vape products from the Poisons Act,” he pointed out in a statement.

“With the exemption, vape liquids containing nicotine can be regulated appropriately and this is where amendments to existing laws such as the Control of Tobacco Product Regulations 2004 are required. This is important as it will then see controls in place instead of allowing the products to remain unregulated.”

Elsewhere, the Malaysian Vapers Alliance (MVA) also urged the Health Ministry (MOH) to exempt vape liquids containing nicotine under Poisons Act 1952 by immediately introducing regulations on vape products containing nicotine.

“The current situation where vape products remains unregulated cannot continue. Despite the prohibition under the Poisons Act, vape products are sold without any controls,” revealed MVA’s president Khairil Azizi Khairuddin.

Khairil Azizi Khairuddin

“Therefore, the exemption of vape liquids from nicotine under the Poisons Act is necessary for the Government to implement a holistic regulatory framework to regulate vape liquids containing nicotine. However, this move must be coupled with immediate amendments to existing laws to enable vape products being regulated.”

As an association focusing on the safety of vape users, it is paramount to MVA that all vape products are regulated, according to Khairil.

“This ensures that adult vape users are accessing products of known standard and quality, while preventing the products from falling into the hands of the under-aged,” he stressed.

“MVA strongly believes that regulations need to strike a balance between ensuring vaping products aren’t marketed or sold to young people and being made accessible to smokers who want to switch to a less harmful alternative.” – March 29, 2023

Subscribe and get top news delivered to your Inbox everyday for FREE