Malaysia's E-cigarette Legalization Still in Question

The main advocacy organization in the region, MOVE (Malaysia Vape Entity), has stated that the legalization of electronic cigarette sales in Malaysia still faces challenges, following unexpected turns prior to the Parliamentary elections.

Samsul Kamal Ariffin, the CEO of MOVE, has announced that the proposed "end intergenerational smoking" bill has been referred to a special committee in parliament for further scrutiny, which he considers to be positive news.

We are concerned that electronic cigarettes will be included in this anti-smoking bill, which will result in strict regulations and criminalization of consumers and retailers. Members of the specialized committee now have the opportunity to remove electronic cigarettes and non-combustible products from the legislation and treat them as tools for harm reduction in a completely different manner," said Mr. Alifin.

The date for Malaysia's general election is yet to be confirmed. However, if the next parliamentary session is held earlier, a select committee will take action to prepare a statement on its proposed amendments. MOVE will have a representative serving as a member of this special committee.

Similar to current legislation in New Zealand, Malaysia's proposed "intergenerational end" bill seeks to ban the sale of cigarettes and tobacco products to anyone born after 2007. However, unlike New Zealand, Malaysia's Health Minister also suggests adding electronic cigarette products to the intergenerational ban.

If Malaysia aims to reduce its overall smoking rate to below 5% by 2040, a ban on electronic cigarettes would not be able to achieve that goal. New Zealand has a smoking rate that is less than half of ours because they have become increasingly strict on smoking while only regulating the retail channels of adult e-cigarette products. New Zealand will likely achieve a smoke-free status at least a generation earlier than us because their approach to smoking and e-cigarette use is vastly different. If we want to save lives, Malaysia must do the same," he said.

In April, advocates for tobacco harm reduction (THR) were encouraged when regulations for electronic cigarette devices were announced to take effect on August 3rd. They had been lobbying for this to happen before the legalization of electronic cigarette sales, as have other THR supporters for many years.

We were concerned when the Health Minister proposed the "legacy of generations" bill on August 2nd and intended to pass it before parliament adjourned. Fortunately, enough members of parliament fought back, and the select committee or the next parliament can now regulate e-cigarettes through separate legislation. This is what needs to happen, and I believe it will.

As evidenced by 70 countries, the THR method is effective. Banning e-cigarettes will only harm smokers. Regulating e-cigarettes will provide a viable and less harmful alternative for smokers, not to mention much-needed tax revenue for Malaysia," said Mr. Alifin.

For the past decade, it has been a black market for electronic cigarette users in Malaysia, with unapproved products being untaxed and no safety guarantees for local consumers regarding product standards.

According to Mr. Alifin, providing a feasible, safe, and legal way for the 21% of Malaysians who smoke to improve their health and well-being is crucial. Electronic cigarettes are believed to be 95% less harmful than combustible tobacco. Making safer nicotine products legally available is the only way to significantly reduce Malaysia's unnecessary high smoking rates and save tens of thousands of lives each year.

The Asia Pacific Advocates for Tobacco Harm Reduction Alliance (CAPHRA) has endorsed the legalization and regulation of e-cigarette sales in Malaysia, believing it will lead to a significant reduction in smoking rates.

MOVE continues to work with political figures and health officials in Malaysia to provide them with necessary information and support to effectively tackle the country's smoking epidemic. CAPHRA believes that the unsuccessful ban on e-cigarettes in Malaysia will be lifted in the next few months and there will be no turning back, said Nancy Lucas, CAPHRA's Executive Coordinator.

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