Kuala Lumpur, 28 November 2024 – Since the announcement of Act 852 regulations by the Ministry of Health (MOH), the retail industry has pleaded for the government to be sensitive to their financial burdens whilst state authorities are considering making rules that are not aligned to MOH national regulations. In our view, this has created a regulatory environment that will impact public health, consumer safety, and the retail sector. The Consumer Choice Center (CCC), a global consumer advocacy group, calls for a re-evaluation of this policy to ensure it does not inadvertently harm consumers or fuel illicit trade.

Bans Do Not Reduce Risks

CCC believes MOH’s retail display ban risks jeopardizing public health goals. The visibility and accessibility of vape products are crucial in encouraging smokers to transition to less harmful options. Not being able to browse vape products at retail outlets risks motivating adult smokers to purchase cigarettes, a product they have more familiarity yet have more serious health implications.

In addition, remind the government that every consumer has a right to information as stated in Consumer Protection Act 1999 (CPA). There should not be a case where key product information such as content or ingredients, quality certifications, and other product descriptions. 

Consumer Safety Concerns

“Illicit markets don’t play by the rules. They don’t verify age, and their products are often dangerous to consumer,” said Tarmizi Anuwar, the Malaysia Country Associate for the Consumer Choice Center.

Regulated vape products are a key tool for harm reduction. Providing adult smokers with less harmful alternatives to quit combustible cigarettes is key to achieve public health goals. We urge authorities to consider scientific data before applying drastic measures to a whole industry. 

A 2023 study by the Faculty of Medicine, National University of Malaysia (UKM), titled Exhaled Carbon Monoxide Level and Practices among Tobacco and Nicotine Adult Users in Klang Valley, Malaysia, found that 68.2% of respondents successfully transitioned from smoking to vaping. This study further highlights that users of vape products exhale far fewer harmful aerosols, posing less risk to bystanders compared to cigarette smoke. Additionally, a 2024 study “Quitting Strong: New Zealand’s Smoking Cessation Success Story” found cigarettes to be 10 times more dangerous than vape. 

Economic and Market Concerns

CCC urges the government to be sensitive toward the retail industry. Costs incurred in making alterations to a retail premise as well as the possibility of reduced income due to the inability of customers to easily browse smoking products in a multi-category retail store will have significant financial impact.  

Recommendations for Policymakers

1. Allow Retails Display of Approved Products: Consider controlled product displays such as restricting public access by placing them behind the point-of-sale. Enforce age-verification, sale of only MOH approved products.
2. Support Harm Reduction Efforts: Recognize vape as an alternate nicotine product that is a tool for reducing smoking-related illnesses.
3. Collaborate with Stakeholders: Involve businesses, consumers, and public health advocates to develop sustainable policies.

The Consumer Choice Center stands ready to work with federal and state governments to develop comprehensive regulations that prioritize public health while preserving consumer access to safer alternatives.