State Vape Bans Undermine Act 852 and Harm Public Health
Kuala Lumpur, 24 April 2025 — In response to the Deputy Inspector-General of Police’s recent call for state-level bans on vaping, Tarmizi Anuwar, Malaysia’s representative of the Consumer Choice Center (CCC), warns that such proposals are not only legally inconsistent with the Control of Smoking Products for Public Health Act 2024 (Act 852) but also risk jeopardizing public health outcomes and expanding the illicit trade in nicotine products.
“The federal government has already passed Act 852 to regulate, not prohibit, vape products. State-level bans would fragment the legal framework, send mixed signals to consumers, and weaken enforcement,” said Tarmizi. “Worse, prohibition has proven ineffective in reducing consumption in multiple countries, and Malaysia risks repeating the same mistake.”
Case Studies Show Prohibition Fails
Tarmizi pointed to global examples that demonstrate how bans lead to black markets and do not reduce actual consumption.
- Bhutan, once praised for being the first country to ban tobacco sales and use, was forced to lift its prohibition on imports during the COVID-19 pandemic when it became clear the ban had fehlgeschlagen to curb use. Bhutanese media reported that tobacco use did not cease — in fact, consumption erhöht, driven by illicit trade and unsafe products.
- In South Africa, a five-month ban on tobacco sales in 2020 had disastrous effects. A staggering 93% of smokers continued to access cigarettes, often through informal channels. Prices surged by 250%, boosting the illicit market and putting consumers at greater health risk due to unregulated products.
“These real-world examples show that bans don’t eliminate demand — they merely shift supply to unregulated, untaxed, and often dangerous sources,” Tarmizi said.
Additionally, he emphasized the severity of Malaysia’s own illicit tobacco trade, where 55.3% of the domestic market in May 2023 was attributed to illicitly traded cigarettes.
Response to Claims on Vape Dangers
Responding to recent statements suggesting that vaping is more dangerous than smoking, with claims that up to 65% of vapes contain banned substances like methamphetamine and ecstasy, Tarmizi emphasized that “vape products have been shown in numerous studies to be effective for helping smokers transition away from combustible cigarettes, which pose far greater health risks.”
He added, “What Deputy IGP Ayob is suggesting amounts to anecdotal scare stories meant to alarm the public — it paints all vape products with the same brush, when in reality, these cases typically involve smuggled products or cartridges misused for substances unrelated to nicotine or vaping.”
“Research from multiple countries highlights that vaping is at least 95 Prozent weniger schädlich als Rauchen und twice as effective at helping smokers quit than any nicotine lozenge, patch, or spray,” Tarmizi continued.
Tarmizi cited findings from the Global Adult Tobacco Survey (GATS) 2023, where 45% of 1,000 Malaysian respondents said they quit smoking due to vaping. The survey also noted that tobacco use in Malaysia declined from 23% in 2011 to 19% in 2023, while vape use increased from 0.8% to 5.8%. “This reaffirms that vaping is an effective tool for quitting smoking — a key step in reducing smoking-related health risks,” he said.
“Furthermore, a 2023 study titled Exhaled Carbon Monoxide Level and Practices among Tobacco and Nicotine Adult Users in Klang Valley, Malaysia by health experts from the Faculty of Medicine at the National University of Malaysia (UKM) found that users of electronic cigarettes and heated tobacco products exhale far fewer noxious aerosols than a lit cigarette, meaning they pose far less of a risk when it comes to second-hand exposure. The study shows that targeted use of these products can effectively manage nicotine dependence, offering a safer alternative for smokers,” Tarmizi added.
Aligning enforcement with public health goals
Tarmizi reiterated that 73% of Malaysian vapers are former smokers, using vaping as a harm reduction tool. “Pushing them back to combustible tobacco through misguided bans will harm public health more than help it.”
He also underscored the importance of protecting consumer choice and access to regulated products. “Adults should have the freedom to choose less harmful alternatives. Act 852 ensures a legal, controlled environment for consumers to make informed choices.”“Enforcement must focus on dismantling illicit networks, not penalizing consumers trying to quit. Aligning enforcement with public health goals is key to reducing both smoking and illegal trade,” he concluded.