LETTER | At long last, Malaysia now finally has a law governing the sales and purchase of tobacco products, smoking materials and tobacco substitute products, pending approval from the Senate.
The Dewan Rakyat, on Nov 30, passed the Control of Smoking Products for Public Health 2023 Bill. To me, the passing of this bill is personally significant, having lost three close family members to tobacco-related diseases, including an uncle from lung cancer.
I know the kind of devastation that such diseases can bring not just to the patients, but also to their family members, in terms of physical despair, financial ruin as well as psychological trauma.
A specific law to deal specifically with smoking, including vaping, should have been in place long ago given the kind of grave danger the habit poses.
Each year, an estimated 27,000 Malaysians die from illnesses linked to smoking. Prior to this, laws related to smoking fell under the Control of Tobacco Product Regulations 2004, which was parked under the Food Act 1983.
Imagine that, a habit so dangerous but there were no specific laws to regulate the industry!
For this, I must congratulate the Health Ministry for the foresight and courage to table the bill, especially its Minister Dr Zaliha Mustafa, who had earlier put up the Health White Paper in the federal legislature.
As a woman, I am deeply proud of her as the first female health minister!
Given that the passage of the Control of Smoking Products for Public Health 2023 Bill is likely to be smooth in the Dewan Negara, Malaysians can soon expect a much more stringent control on the sale of tobacco and tobacco-related products like cigarettes and vape.
Among others, the bill seeks to prohibit any forms of advertising, promotions or sponsorship of these products - a prevalent practice, especially for vaping products. Once gazetted, the law will also regulate the packaging of tobacco and tobacco-related products.
Another critical provision in the soon-to-be law is the prohibition of sales of products containing liquid nicotine to minors.
As we know, liquid nicotine has been removed from the list of scheduled substances under the Poisons Act 1952 since early this year for taxation purposes. Basically, this allows anyone regardless of age to legally purchase and use vaping products.
These days, vaping has become much more prevalent, with outlets selling the products mushrooming throughout the country.
Controversy over GEG
This is despite growing concerns over the long-term health impact of using these products. But with this new law, the lacuna will soon be filled.
One of the criticisms about this proposed law is its failure to include the generational end game (GEG) provision. Under the initial iteration of the bill, those born in and after 2007 will be barred from purchasing tobacco and tobacco-related products.
However, since the Attorney-General Chambers felt that the inclusion of the provision may be legally challenged, it was best that the Health Ministry set it aside for the time being.
This is because there are more urgent matters, such as regulating vaping products, that need to be sorted out first. As Zaliha had mentioned, the ministry will work out a way to include this provision in the future, which is consistent with her stance all along.
All in all, I congratulate the Madani government, especially the tireless staff from the Health Ministry and AGC for making the country's first smoking-related law into reality. Well done!
The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.
