In a recent tweet, Khairy Jamaluddin, the former health minister of Malaysia, expressed his concern about the unregulated nature of vape products in the country. Referring to Malaysia as the "Wild West" for vape products, he highlighted the absence of laws governing their sale and use. This revelation comes in response to an Al Jazeera documentary that exposed the ease with which nicotine-based vape products were being sold to minors. This article delves into the current state of affairs in Malaysia, exploring the lack of enforcement, the exemption of vape products from poisons control, and the efforts to establish regulations.
The Absence of Laws and Enforcement
Khairy Jamaluddin acknowledges that enforcement issues have plagued the regulation of vape products in the past. However, he emphasizes that actions were previously taken against vape sales, especially to minors, and strict restrictions were imposed on advertising. Unfortunately, without specific laws in place, Malaysia has become akin to the "Wild West" for vape products. The absence of regulations has led to a lack of enforcement, allowing the unregulated sale and use of these products.
Exposing the Loopholes
The Al Jazeera documentary, part of the 101 East series, provided evidence of the prevailing loopholes in the system. The documentary team visited six vape shops in Kuala Lumpur, where they found that none of the shops asked for identification to verify the age of the buyer, even though some displayed signs indicating that sales were restricted to individuals aged 18 and above. The team exposed the ease with which highly addictive nicotine-based vape products were sold to a young buyer who identified herself as a vaping novice.
The Gazette Controversy
On April 1, the Health Ministry of Malaysia published a gazette that exempted nicotine liquids and gels used in e-cigarettes and vape products from poisons control. This decision drew criticism from the public and various health groups. Khairy Jamaluddin explains that this exemption means that no legal action can be taken against the sale and marketing of vape products until new laws are enacted. This exemption has created a regulatory vacuum, leaving vape products unaccountable for their sale and use.
Initiating a Judicial Review
In response to the gazette exemption, three non-governmental organizations (NGOs) have taken action. The Malaysian Council for Tobacco Control, the Malaysian Green Lung Association, and Voice of the Children have initiated a judicial review to challenge the decision. They have named Health Minister Dr. Zaliha Mustafa and the government as respondents in their legal action. The NGOs seek a court order to nullify Dr. Zaliha's decision to amend the Poisons Act, highlighting the need for regulation and control of nicotine liquids and gels used in e-cigarettes and vape products.
The Generational End-Game (GEG) Bill
Dr. Zaliha Mustafa has proposed the Tobacco Control Bill, also known as the generational end-game (GEG) bill, as a solution to regulate all smoking products, including nicotine liquids and gels used in e-cigarettes and vape products. The bill was recently presented in the Dewan Rakyat (the lower house of the Malaysian Parliament) and has been referred to a Parliamentary committee for review. The introduction of this bill signifies the government's recognition of the urgency to regulate the sale and use of vape products.
Conclusion
The unregulated landscape of vape products in Malaysia has raised concerns about public health and the protection of minors. With no specific laws governing their sale and use, vape products have proliferated, exposing young individuals to highly addictive nicotine-based substances. The exemption of vape products from poisons control further exacerbates the situation. However, the initiation of a judicial review and the proposal of the GEG bill offer hope for future regulation and control.
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FAQs
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What is the current state of vape product regulation in Malaysia?
- Malaysia lacks specific laws governing the sale and use of vape products, resulting in an unregulated market.
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What evidence supports the absence of enforcement for vape products?
- The Al Jazeera documentary exposed the ease with which nicotine-based vape products were sold to a minor without age verification.
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Why did the exemption of vape products from poisons control draw criticism?
- The exemption created a legal loophole, preventing any action against the sale and marketing of vape products until new laws are in place.
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What action have NGOs taken to challenge the exemption decision?
- Three NGOs have initiated a judicial review to nullify the decision, citing the need for regulation and control.
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What is the proposed solution to regulate vape products in Malaysia?
- The Tobacco Control Bill, also known as the generational end-game (GEG) bill, aims to regulate all smoking products, including vape products, and is currently under review.
