Photo: IZZRAFIQ ALIAS/The Star
Calls grow for vape laws after vending machines found dispensing such products
PETALING JAYA: The recent discovery of a vending machine selling electronic cigarettes in Malaysia has sparked significant public worry about how easily youth can access vape products, which has in turn led to urgent calls for the Health Ministry to address the issue.
Consumers Association of Penang (CAP) education officer NV Subbarow (pic) said he has met with 1,000 pupils in Penang and Kedah secondary schools over the past month, and there was evidence that a considerable number of them are addicted to vape (products) and ecigarettes due to their easy availability.
“Many shops are located near schools and housing areas, making it convenient for teens and youth to purchase these products,” he said. Subbarow added that during discussions in schools, many of the 300 children in a survey also admitted to buying vape products through online platforms.
He said pupils would save their lunch money to buy vape products since online sellers cannot verify the buyer’s age.
“We’re asking for a ban on all online vape sales now; they should be stopped because they’re killing the next generation,” he said.
Subbarow said even without vending machines, kids as young as eight years old are purchasing vape and ecigarette products online without restrictions.
“Stalls on five-foot ways, mini-markets, and cash-and-carry shops are also selling these products, with nicotine-containing juices being sold to teens without any questions asked. Anyone selling nicotine-containing products through vending machines should be charged in court,” he added.Ikram Health Malaysia president Dr Mohd Afiq Mohd Nor proposed several measures the Health Ministry could take to better control the sale and use of ecigarettes.
He recommended that all ecigarette retailers and shops be registered and required to obtain a licence, similar to current regulations for tobacco cigarette sales.
This would create accountability and ensure that only authorised vendors are permitted to sell these products.
He said there is a need for a robust system of regular inspections and monitoring of registered vape retailers to ensure compliance with regulations and prompt identification of any violations. To prevent unauthorised sales, he suggested implementing technology-based solutions such as the digital tracking of vape product sales.
“This would help detect and prevent illegal sales, including those through vending machines,” he added.
Dr Mohd Afiq also recommended increasing public awareness campaigns to educate the public on the dangers of smoking and vaping and to highlight new regulations to foster compliance and discourage attempts to bypass the rules.
Additionally, he called for empowering local authorities, including state governments and the police, to enforce regulations, adding that they should have the authority to impose fines and penalties.
Regarding penalties for those who break the rules, he suggested imposing significant fines to reflect the seriousness of the offence and to act as a deterrent.
Dr Mohd Afiq also recommended that the government revoke the licences of repeat offenders to ensure stricter adherence to the regulations.
Malaysian Organisation of Vape Entity (MOVE) president Samsul Kamal Ariffin said that while his group opposes vending machines for vape products, the key issue is the government’s removal of nicotine from the Poisons Act 1952, leaving it unregulated.
“I can sell this product to a minor, and it’s not against the law. Vape operators are exploiting the lack of regulation. We want clear-cut laws stating that under-18s cannot vape. Even a five-year-old can vape right now. There are no laws controlling this issue,” he added.
He suggested that the regulatory framework include manufacturing, retail, and consumer levels, each with clear guidelines.
“Currently, I can vape in an air-conditioned space without restriction. We welcome regulation. It’s long overdue. If the government wants to implement regulations, the punishment should be severe for sellers, not users,” he added.
Health Minister Datuk Seri Dr Dzulkefly Ahmad recently announced that regulations and orders to ban the sale of electronic cigarettes and vape products, including through vending machines, are expected soon, with the Attorney General’s Chambers currently reviewing them.The Control of Smoking Products for Public Health Act 2024 (Act 852), which will regulate these products, is still in the drafting phase. Until Act 852 is enforced, nicotine vapes can legally be sold to anyone, including minors under 18, due to a March 31, 2023, order by then-health minister Dr Zaliha Mustafa.
The order removed liquid nicotine from the Poisons Act.
On July 13, a shopping centre in Kuala Lumpur was ordered to stop selling ecigarettes via a vending machine following a Health Ministry complaint.
