Recent Development in Malaysia's Tobacco Control Law: International Perspectives

Recently, Malaysia has been undergoing the review process for the "2023 Public Health Tobacco Control Act" (GEG Act). It is reported that the formulation of this act also sought advice from international tobacco companies.

In a report submitted to the Special Committee on Health of the Malaysian Parliament, 2FIRSTS found that international tobacco companies involved in the proposal include Philip Morris International (PMI), British American Tobacco (BAT), Japan Tobacco International (JTI), and others.

According to the perspective of the Malaysian Institute for Tobacco Control (PMI), the categorization of e-cigarette devices in this bill will pose a significant barrier to both current and future foreign investments, particularly in the state of Johor. British American Tobacco (BAT) firmly believes that e-cigarettes can contribute to harm reduction and therefore suggests that Malaysia implement appropriate laws and policies to encourage smokers to switch to lower-risk tobacco products. Japan Tobacco International (JTI), on the other hand, explicitly states that Malaysia does not need to create new laws and can instead adopt the 2004 Tobacco (Advertisement and Sale) Act (PPKHT), a proposal that PMI also supports.

Here are the detailed proposals from three companies:

The categorization of e-cigarette devices in the proposed bill by Philip Morris International (PMI) will serve as a major hurdle for both current and future foreign investments, particularly in the electrical and electronic sectors, specifically within the state of Johor. The manufacturing of e-cigarette devices has emerged as a rapidly growing segment within the electrical and electronic industry.

E-cigarette devices can be regulated separately from this case through laws and regulations to meet existing technology and user needs, including compliance with international electrical standards.

The government should rigorously enforce existing laws to reduce illegal trade and ensure compliance with the 2004 Smoking (Prohibition of Advertisement and Sale) Act (PPKHT). Additionally, the government needs to strengthen age verification controls and take measures to prevent underage use of e-cigarettes.

British American Tobacco (BAT)

The methods to reduce tobacco harm are crucial in formulating policies to decrease the prevalence of smoking. According to previous studies, e-cigarettes have the potential to reduce harm.

This method of reducing tobacco hazards has been proven successful in other countries, and Malaysia is also moving forward with the implementation of this method based on their own research findings.

Hopes are high that Malaysia will be able to reduce its smoking rate to below 5% by 2040 by encouraging smokers to switch to lower-risk tobacco products through appropriate laws and policies. Japan Tobacco International (JTI) is leading this effort.

The government should engage in further deliberation and analysis regarding the suitability of Malaysia's "Smoke-Free Generation" policy.

The regulation of e-cigarette products and nicotine-containing e-cigarette liquids can be enforced through the existing 2004 Tobacco Control Act (PPKHT), without the need for new legislation.