Harsh regulations from Act 852 creates more harm than good in the quest to curb smoking

THE retail industry has pleaded for the government to be sensitive to their financial burdens while state-level authorities are considering making rules that are not aligned to the Health Ministry’s national regulations ever since the announcement of the Control of Smoking Products for Public Health Act 2024 (Act 852).

This in the view of the Consumer Choice Centre (CCC), a global consumer advocacy group, has created a regulatory environment that will impact public health, consumer safety and the retail sector.

As such, CCC is prompted to call for a re-evaluation of this policy to ensure it does not inadvertently harm consumers or fuel illicit trade, according to the consumer advocate’s Malaysia associate Tarmizi Anuwar

“CCC believes MOH’s retail display ban risks jeopardising public health goals. The visibility and accessibility of vape products are crucial in encouraging smokers to transition to less harmful options,” he pointed out in a media statement.

Tarmizi Anuwar

“Not being able to browse vape products at retail outlets risks motivating adult smokers to purchase cigarettes, a product they have more familiarity yet have more serious health implications.”

Consumer safety concerns

Additionally, Tarmizi also stressed the need to remind the government that every consumer has a right to information as stated in Consumer Protection Act 1999 (CPA).

“There shouldn’t be a case where key product information such as content or ingredients, quality certifications and other product descriptions are missing,” he asserted.

“Illicit markets don’t play by the rules. They don’t verify age and their products are often dangerous to consumer.”

According to Tarmizi, regulated vape products are a key tool for harm reduction. Therefore, providing adult smokers with less harmful alternatives to quit combustible cigarettes is key to achieve public health goals.

“We urge authorities to consider scientific data before applying drastic measures to a whole industry,” he added.

The Health Ministry (MOH) had from Oct 1- 26, 2024 inspected 45,666 premises nationwide to enforce education regarding the Smoking Products Control Act for Public Health 2023 (Act 852) (Image credit: Bernama)

Economic and market concerns

In fact, a 2023 study by the Universiti Kebangsaan Malaysia’s (UKM) Faculty of Medicine entitled “Exhaled Carbon Monoxide Level and Practices among Tobacco and Nicotine Adult Users in Klang Valley, Malaysia” found that 68.2% of respondents successfully transitioned from smoking to vaping.

This study further highlights that users of vape products exhale far fewer harmful aerosols, hence posing less risk to bystanders compared to cigarette smoke. Moreover, a 2024 study “Quitting Strong: New Zealand’s Smoking Cessation Success Story” found cigarettes to be 10 times more dangerous than vape.

Below are CCC’s three recommendations for policymakers:

  1. Allow retails display of approved products: Consider controlled product displays such as restricting public access by placing them behind the point-of-sale. Enforce age-verification, sale of only MOH-approved products.
  2. Support harm reduction efforts: Recognise vape as an alternate nicotine product that is a tool for reducing smoking-related illnesses.
  3. Collaborate with stakeholders: Involve businesses, consumers and public health advocates to develop sustainable policies. – Nov 28, 2024

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