THE recent move to amend the Poisons Act to exempt nicotine has essentially legalised vaping in Malaysia.
While this may be a win-win action for the government, which needs to increase its tax collection and the vape industry which has been struggling post-pandemic, it may just be a short-sighted decision if meaningful changes are not made to define the new nicotine products in the market.
With innovation, tobacco players have moved from cigarettes to non-combustible products, namely vape, e-cigarettes and heated tobacco products.
With the advancement in science and technology, there will be new products that will come into the market in the next few years and, therefore, the regulations in Malaysia on tobacco control must keep up with the times.
Exempting nicotine from the Poisons Act is just one way to allow the government to collect taxes from vaping immediately.
Prime Minister Datuk Seri Anwar Ibrahim has vowed to table the tobacco generational endgame (GEG) bill which was tabled by the former health minister Khairy Jamaluddin last year in the previous government.
True to the Malaysia Madani governing framework of inclusivity, the prime minister has reiterated that a ban on smokers and vapers is not a viable option, instead, education and fiscal control are the way forward.
This is commendable thinking given that 20% of the Malaysian adult population identify as smokers and/or vapers.
GEG is a contentious bill given the fact that it curtails the freedom of choice for adults who turn 18 after a certain agreed period and beyond from purchasing tobacco products.
While this is a noble intention, the fact remains it is a restrictive policy for young adults, after all the ban remains for those who are below 18.
As the government has some time before tabling the GEG bill again in the next session, it ought to consider other safeguards to ensure that smoking and vaping incidences are reduced.
There are three points that the government should implement to ensure that the tabled bill will be forward-looking and protects the health of younger Malaysians.
First, the government should push for clear category differentiation of combustible and non-combustible tobacco products.
Combustible will cover all the traditional ways of smoking such as cigarettes and cigars while non-combustible will include vapes, e-cigarettes, heated tobacco, tobacco pods, shishas and the like.
A clearer distinction will help the government in regulating the different categories better, including deciding what taxes to impose.
The best form of taxation for tobacco products should be linked to its risk, the higher the risk, the more the taxes.
On this note, it is high time that the government conduct studies on the risks of vaping and other smokeless products.
The medical community also needs to ask themselves, are they committed to the principles of science?
If they are then they need to support localised studies to ascertain the claims and use them as a guideline to draft more effective tobacco control policies.
Second, there needs to be a clearer definition of what smoking and vaping are.
The government needs to be strict on these vapes, defining clearly the maximum nicotine content and flavours which are allowed.
It is widely known that the flavours, especially the sweet ones which mimic juice and candy, are attracting youths to take up vaping.
If that is the case, the vaping minimum age should be increased to 21 instead of banning it outright.
Third, there needs to be an educational element to safeguard young ones from the harm of vaping.
Vaping is not risk-free and those below 18 should be shielded from it at all costs.
Therefore, the government should be more aggressive on vaping just like it did when it was waging war against cigarettes.
Sloganeering alone is not enough. Governments must educate and engage youths on the dangers of vaping and educate parents and teachers on how to spot whether your under-aged teens are vaping.
The retabling of the new GEG bill by the unity government is an opportunity to correct the rushed job by the previous health ministry.
It is hoped that this government listens and considers all views in drafting a policy that will help to regulate tobacco consumption in Malaysia, but also be efficient in collecting taxes so that it can help finance the country’s development needs.
The prime minister has made a wise first move and it is hoped that the Health Ministry this time will take heed.
Dennis Quah
Kota Damansara
