Former Malaysian Chief Justice Raises Concerns Over Generation Endgame

On April 19th, former Chief Justice of Malaysia, Zaki Azmi, expressed concerns over the potential socio-economic impacts of the "Generation Endgame" (GEG) and called on the government to remove it from the Tobacco and Smoking Control Act of 2023. He suggested that the government should instead adopt a risk-based approach to regulate these products, drawing on the experiences of countries such as Japan, the United Kingdom, and New Zealand.

Call for a thorough review of the GEG ban.

Zaki Azmi | Image Source: Code Blue

Zaki used to serve as the sixth chief justice of the Malaysian Court of Appeal and was also a Malaysian lawyer. He has published an article calling for a more thorough examination and discussion of the proposed Generational Tobacco Ban (GEG), expressing concerns about its enforceability and practicality.

GEG should not be the focus of the smoking ban. It should undergo a thorough review at present.

Despite acknowledging the vision of the intergenerational tobacco ban, Jaki warned that GEG may violate the 8th amendment of federal law, which guarantees the right to equality and equal protection under the law.

He explained that Article 8 should be interpreted as the law operating consistently for all individuals in similar circumstances, rather than requiring all individuals to be treated equally.

Without a doubt, the path towards a smoke-free society is filled with good intentions, but before taking risks with untested or sudden methods, have we truly exhausted all policy options? I urge the government to carefully consider this, as it could open up a Pandora's box," said Zaki.

Support for smoke-free societies

In the article, Zack reiterated his support for a smoke-free society and urged the government to acknowledge that combustible tobacco is the most harmful way to ingest nicotine.

Zaki suggests that the government should learn from the experiences of countries like Japan, the UK, and New Zealand and manage products based on their risk profile. According to him, "cigarettes are the most harmful", while "e-cigarettes are at the lower end of the risk spectrum".

He emphasized the importance of harm reduction and urged policymakers to take a practical approach, recognizing that nicotine addiction cannot be eliminated overnight.

Refusing to recognize nicotine addiction as a factor in controlling smokers is a policy failure, worsened by their turning to unregulated illegal markets for hand-rolled cigarettes or electronic cigarettes.

Zaki believes that by implementing harm reduction strategies, the government can adopt a more compassionate approach towards addiction and allow themselves the necessary time to assess the situation before enacting potentially controversial laws.

Policymakers need to demonstrate courage by embracing new nicotine delivery technologies in order to rid society of harmful cigarettes.

Further reading:

Malaysian e-cigarette industry participants reject GEG e-cigarette proposal.

The Malaysian electronic cigarette regulation bill will be presented to Parliament in May.

The regulation of electronic cigarettes in Malaysia may increase the market share of Vuse.

The Malaysian government has implemented a levy of 0.4 Malaysian Ringgit per milliliter on e-cigarettes. Manufacturers are required to register by the deadline of April 30th.

The Malaysian Association of E-cigarette Retailers has announced its support for the lifting of nicotine restrictions and has stated that further research is required regarding the proposed Generation End Game initiative.

References:

Generation End Game: The Most Effective Path Forward" by Zaki Azmi.