Review of 2023 Public Health Tobacco Product Control Act in Malaysia

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

According to a report submitted by 2FIRSTS to the Malaysian Health Parliament Special Committee (PSSC), it has been found that international tobacco companies such as Philip Morris International (PMI), British American Tobacco (BAT), Japan Tobacco International (JTI), and others were involved in the proposals.

According to PMI, the categorization of e-cigarette devices in this bill will be a major obstacle to current and future foreign investments, particularly in the state of Johor. BAT firmly believes that e-cigarettes can help reduce harm and therefore advises Malaysia to adopt appropriate laws and policies to encourage smokers to switch to lower-risk tobacco products. JTI, on the other hand, explicitly states that Malaysia does not need to enact new laws and can directly use the Tobacco Control Act (PPKHT) of 2004, a suggestion that PMI also supports.

Here are the specific proposals from three companies:

The classification of e-cigarette devices in the proposed bill by Philip Morris International (PMI) is expected to pose a major obstacle to both current and future foreign investments, particularly in the electrical and electronic sectors, with a specific impact on the state of Johor. The manufacturing of e-cigarette devices is a rapidly evolving branch within the electrical and electronic industry.

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

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

British American Tobacco (BAT)

Methods to reduce the harm caused by tobacco are crucial in formulating policies aimed at reducing smoking prevalence. According to previous research, e-cigarettes have the potential to minimize harm.

This method, which reduces the harm caused by tobacco, has been proven successful in other countries and Malaysia is also moving forward with implementing this approach based on its own research findings.

According to appropriate laws and policies aimed at encouraging smokers to switch to lower-risk tobacco products, Malaysia is expected to reduce its smoking rate to below 5% by 2040. JTI Malaysia, a tobacco company, is contributing to this goal by offering a range of alternatives that are deemed less harmful.

The government should further deliberate and analyze the appropriateness of Malaysia's "stop smoking generation" policy.

Regulation of e-cigarette products, as well as e-cigarette liquids containing nicotine, can be enforced through the existing 2004 Smoking (Prohibition of Advertisement and Sale) Act (PPKHT) without the need for new legislation.