THE local vape industry is strongly protesting against the punitive vape regulations that the government will implement next month.
Recently the Health Ministry (MOH) briefed the industry on regulations that will be introduced in October 2024 under the Control of Smoking Products for Public Health Act 2024 (Act 852).
Among the details shared include the implementation of a retail display ban in general stores as well as a limit on the volume of vape liquid sold – not exceeding 3 millilitres (ml) for pods, cartridges and disposables as well as a 15ml limit for bottles.
“The industry was informed that the regulations will be gazetted and come into effect next month. This is not fair to us,” commented Datuk Adzwan Manas who is the Malaysia Retail Electronic Cigarette Association (MRECA) president.
“The given timeframe is too short without any transition period for the industry to prepare. This will have a severe impact on the industry.”
The Malaysian Vape Chamber of Commerce (MVCC) is of the view that the retail display ban on products will have a significant impact on the industry, especially retailers who have to incur high costs to modify counters and product shelves to cover their products from being seen.
Stressing that no country has introduced such a ban for vape products, MVCC’s secretary-general Ridhwan Rosli differentiated vape from cigarettes in that the former is recognised as products that are less harmful and effective in helping smokers quit smoking.
‘The retail display ban shouldn’t be imposed on vape products as it sends the wrong message to smokers and burdens businesses,” added Ridhwan.
Product confiscation by authorities
In addition, setting a volume limit on vape liquids not exceeding 3ml for pods, cartridges and disposables as well as not more than 15ml for bottles effective next month is a drastic move, according to the Malay Vape Trader Association (MVTA).
This is given that all vape products that do not comply with these guidelines will be confiscated and disposed.
“The MOH is not giving enough time to all suppliers, manufacturers and entrepreneurs to complete their products,” asserted MVTA’s president Mohd Sabri Ismail.
“What about those who are still manufacturing products that may only be ready in another month or two, or manufacturers who have placed orders for raw materials? This will result in millions of ringgit in losses. In fact, manufacturers are not even given time to make the necessary adjustments to their manufacturing process.”
Malaysian Vape Industry Advocacy (MVIA) deputy president Rustam Affendi described as “too low” the volume limit set for vape liquid.
“It is not in line with current consumer demand nor does it take into account the average set in other countries,” opined Rustam of wasted effort poured into growing the local industry which is now valued at RM3.48 bil
“The regulations that will be implemented don’t take into account efforts of the local industry and this will negatively impact the industry which is dominated by the Bumiputera community.”
Earlier, the vape industry players had jointly submitted a memorandum to object the regulations that will be implemented under Act 852 to Prime Minister Datuk Seri Anwar Ibrahim at the Prime Minister’s Office in Putrajaya.
A coalition of five local vape associations representing more than 2,000 businesses involved in the country’s vape industry has called on Anwar to intervene so that the said drastic measures are reviewed before a decision is made.
“If these prohibitive regulations are implemented, many will be affected and impacted. Many local players are likely go out of business,” justified Malaysia e-Vaporizers & Tobacco Alternative Association (MEVTA) president Mohamad Nizam Talib.
“Apart from that, there will also be tax leakage and the possibility of a growth in the black market.” – Sept 23, 2024
