KUALA LUMPUR, 6th March 2023 – The Consumer Choice Center (CCC) voiced concerns
over the implementation of the generational endgame and urged the government to drop the
generational endgame from the Tobacco and Smoking Products Control Bill.

According to Tarmizi Anuwar, the Malaysian Consumer Choice Center representative, he
believes that the Minister of Health is hasty in wanting to implement generation endgame
and is not consistent with the statement at the beginning that wants to implement it
incrementally and in stages.

It is even more worrying when the Ministry of Health wants to implement it in the next year,
which is 2024. However, until today it is still not clear what mechanism will be used to
ensure that the implementation process is not misused or pose other risks to consumers.
Recently, the Deputy Health Minister, Lukanisman mentioned that the government intends to
make the MySejahtera application as a national public health management tool or digital
public health super apps.

“If the government uses the MySejahtera application or any similar form of application to
implement the generational endgame, this may bring other risks to consumers such as
breach of information or personal data.”

“This is clear in the Auditor General’s Report 2021 Series 2 has revealed that 3 million
Malaysians’ personal data in the MySejahtera application was downloaded by the super-
admin account between 28 October to 31 October 2021,” he said.
In addition, according to Tarmizi, it is more worrying when the Deputy Health Minister’s
answer in parliament contradicts to the response given by the Ministry of Health to the
National Audit Department.

“The statement of consumer details downloaded by the super admin as part of security
measures against attempts to hack the application is contrary to the response given by the
Ministry of Health to the Auditor General’s Department.”

“In the report, the Ministry of Health’s response clearly states that there is an element of
misuse by the super admin account and a police report has been made.”
“The government needs to be more realistic in drafting and implementing laws so as not to
put consumers’ personal data at risk.”

Commenting further on the implementation of the finishing generation in the Tobacco and
Smoking Products Control Bill, he said, “The government needs to drop the generational
endgame and adopt more practical practices; harm reductions such as the United Kingdom
or the Philippines.

“Instead of a full ban these two countries recognize harm reduction as one of the methods
to reduce smoking in their countries.”

In addition, Tarmizi emphasized that the discussion about fundamental rights or individual
freedom in this matter must take into account various opinions and not just one school of
thoughts. He referred to the statement of Tun Zaki, Former Chief Justice, regarding the
generational endgame can be considered to be discriminatory and violate Article 8 of the
Federal Constitution.

“The law must operate equally on all people in fair conditions for all generations and every
group of society. The law cannot give only one advantage to one generation and deprive it
from another.”