The Consumers Association of Penang (CAP) has called on the Health Ministry to tighten legal provisions to prevent vape and tobacco product manufacturers from exploiting marketing loopholes. CAP President Mohideen Abdul Kader emphasized the need for comprehensive legislation to regulate the sale and use of vape-related products, ensuring all potential loopholes are addressed.
CAP praised the swift action taken by authorities to halt the operation of a vape device vending machine at a Kuala Lumpur shopping center. Mohideen urged that any new legislation should learn from past experiences, highlighting the tobacco industry’s tactics in 2007, where flavored products, colorful packaging, and slimmer cigarettes were introduced to appeal to youth and women. He noted similar strategies in vape product marketing, with some even featuring cartoon characters to attract children.
“We want the new law to cover all the loopholes in the previous Control of Tobacco Product Regulations 2004. The ministry must anticipate the innovative ways manufacturers may circumvent regulations, as seen in 2007,” said Mohideen. “Such tactics lull people into believing that vaping is not dangerous when in reality it can cause serious lung injury.”
Mohideen also suggested involving agencies like the Malaysian Communications and Multimedia Commission to regulate online sales of vaping devices and accessories.
Health Minister Datuk Seri Dr. Dzulkefly Ahmad announced on Saturday that specific regulations on the sale of e-cigarettes or vape products, including through vending machines, are expected to be implemented soon. The Attorney General’s Chambers is in the final stages of reviewing these regulations before they are approved.
The management of the shopping center where the vending machine was located has agreed to shut it down following a meeting with the ministry. The Malaysia Retail Electronic Cigarette Association (MRECA) also welcomed the regulation of vape products. MRECA President Datuk Adzwan Ab Manas claimed the association raised the alarm about the vending machine after it went viral on social media.
“As MRECA president, I called the operator and advised him to cease operating the machine as it was illegal. MRECA objects to it as such vending machines can be accessed by children or minors seeking vape devices,” Adzwan stated. He also emphasized the association’s stance against online sales of vape products, highlighting the potential for unregulated sales to minors.
“We support regulating the sale of vape products as we do not want them to be used for the wrong reasons or land in the hands of children. If this happens, it will give the whole industry a bad image. We are all for it but hope the ministry will not be overly strict with the regulations,” he added. Adzwan also expressed hope that the ministry would engage with industry players before implementing new regulations, allowing retailers time to prepare.
“If there are restrictions on the sale of any of the items, then a grace period of at least three years will be fair for the transition as retailers will need to clear their stock,” he suggested.
The Ministry of Health (MOH) is finalizing regulations to enforce a ban on selling all smoking products, including electronic cigarettes, through vending machines. This move follows a viral social media complaint about vape vending machines. The ban will be part of the Control of Smoking Products for Public Health Act 2024 (Act 852) and will be implemented alongside existing regulations that already prohibit vending machine sales of traditional tobacco products like cigarettes and cigars.
MOH officials met with the shopping mall’s management, who agreed to shut down the machine immediately. Since June, MOH has been briefing enforcement officers and local authorities nationwide on Act 852, including the vending machine sales ban.
A marketing officer from the mall confirmed the removal of the vape vending machine, explaining it was initially part of a market test for a potential permanent vape shop. The mall, which attracts families, took immediate action to remove the machine upon understanding the community’s health concerns.
“We are a friendly neighborhood mall and have no intention of causing harm. We cooperate fully with MOH,” the officer assured. Although the vending machine lacked a sign indicating it was for those 18 years and above, the mall monitored purchases via CCTV.
Malaysia’s Ministry of Health continues to prioritize public health by ensuring the sale of smoking products, including vapes, is strictly regulated, preventing access by minors and reducing potential health risks.