CAP urges government to reject e-cigarette industry's memorandum proposal

According to NST's report on September 26, the Consumers Association of Penang (CAP) in Malaysia has urged the government to firmly reject the five memorandums submitted by associations urging amendments to support the e-cigarette industry in the proposed 2024 Public Health (Control of Smoking Products) Bill (Bill 852).

According to reports, these five associations represent over 2,000 e-cigarette traders.

The president of the Malaysian Association of Tobacco Control (MATC), Mohideen Abdul Kader, stated that despite claims by the e-cigarette industry that it is an important source of revenue, this pales in comparison to the significant healthcare costs burdened by taxpayers. He added that the industry has requested discussions with the Ministry of Finance led by the Prime Minister, raising concerns about Malaysia's commitment to the World Health Organization Framework Convention on Tobacco Control (WHO FCTC). Under Article 5.3 of the convention, governments are obligated to protect public health policies from the influence of commercial tobacco interests.

Public health must take priority over commercial interests. Therefore, we call on the government to firmly reject the memorandum from the e-cigarette industry.

The rhetoric of the e-cigarette industry is similar to that of the tobacco industry, which is currently subject to strict regulation under the World Health Organization Framework Convention on Tobacco Control (WHO FCTC). This convention has been adopted by over 90% of countries worldwide.

The industry's arguments are similar to those once used by the tobacco industry, aiming to mislead the public by presenting e-cigarettes as a safer alternative. As the use of e-cigarettes among Malaysian youth continues to rise, the health risks and economic costs far outweigh any financial benefits that the industry may bring.

The Malaysian Retail E-Cigarette Association (MRECA) has once called on the Ministry of Health to provide a one-year transition period to sell existing inventory. MRECA President Datuk Adzwan Manashe stated that the industry is open to regulation but prefers a gradual approach. Mohideen believes this is similar to the tobacco industry's response to the introduction of graphic health warnings (PHW) in 2008, when tobacco companies sought a two-year grace period citing high costs and logistical issues.

Mohideen pointed out that e-cigarette traders also believe that high registration fees and regulatory costs threaten their business. According to data from the 2022 National Health and Morbidity Survey (NHMS), the prevalence of e-cigarette use among Malaysian adolescents aged 13 to 17 has increased from 9.8% in 2017 to 14.9% in 2022.

He stated that the increasing popularity of e-cigarettes among teenagers is a serious public health issue. The rising costs of treating diseases related to e-cigarettes further weaken the economic rationale of the e-cigarette industry. Most affected individuals may seek treatment in public hospitals, adding to the already overburdened healthcare system. Additionally, e-cigarettes could lead to work interruptions, decreased income, and financial difficulties for families - costs that the industry deliberately ignores. Without strong legal measures, the annual cost of treating e-cigarette or vaping-related lung injuries (EVALI) is projected to reach 369 million Malaysian Ringgit by 2030. When including other hidden costs, this will far exceed the annual revenue of 500 million Malaysian Ringgit from e-cigarette taxes.

Mokhin stated that e-cigarette vendors have known from the beginning that their products, as nicotine delivery systems, would face strict regulations or even bans due to their harmful effects.

Accepting this risk is a calculated business decision.

The government must uphold its commitment to protecting public health and reject the e-cigarette industry's attempts to influence policies for commercial gain.

The Consumer Advocacy Panel is calling on the government to fulfill its obligations under the Framework Convention on Tobacco Control of the World Health Organization, prioritizing public health over the profits of the e-cigarette industry.