Malaysian Parliament Passes 2023 Public Health Control of Smoking Products Act

According to a report by the Borneo Post Malaysia on the evening of December 14th, the Malaysian Parliament's upper house has passed the 2023 Public Health Control of Smoking Products Act.

This bill includes the prohibition of selling tobacco and e-cigarette products to individuals under the age of 18, as well as the ban on their purchase and use by this demographic. The management of e-cigarette devices has also been removed from the Public Health Smoking Products Control Act 2023, with the government transferring control over such products to the Ministry of Domestic Trade and Consumer Affairs (KPDN) and the Ministry of Investment, Trade, and Industry (MITI), responsible for safety standards and manufacturing, respectively.

The bill mandates the registration of all tobacco and e-cigarette products, while also subjecting e-cigarette vending machines and online sales to regulatory oversight under the legislation.

In addition, the bill also removed the "Generation Smoke-free" (GEG) provisions, which included the ban on the sale of tobacco products and cigarettes, as well as the prohibition on individuals born after January 1, 2007 from smoking.

This bill has passed the second reading in Parliament and has been sent for the third reading, where it will be debated by 22 legislators.

During the conclusion of the debate, Dr. Zukifi Ahmed, the Minister of Health, stated that the exclusion of "Generation Free of Smoking (GFS)" from this bill was a collective decision and shared responsibility made by the government after taking into consideration the legal opinion of the Attorney General.

According to the Attorney General, he remarked that the "Smoke-free Generation" regulation presents issues of unfair and discriminatory legal status. This implies that different treatment is being given to individuals born before January 1, 2007, and those born on or after that date.

Dr. Ahmed also proposed four amendments to the Food Law of 1983 in order to ensure that there are no conflicting or redundant provisions between these two laws.

In addition, the congress has also approved the "2023 Food Act" to revise the 1983 Food Act in order to comply with the approved Tobacco Control Product Act.