Act 852 doesn’t list “vape device” as it falls under KPDNHEP, but it bans the sale of imitations of tobacco products, and treats vape devices and liquids as one. Disposable pods can’t be shaped like toys or food. SIRIM-registered vapes must meet MOH rules.
PUTRAJAYA, Oct 4 — Vape devices will be subject to Ministry of Health (MOH) regulations as part of the implementation of the Control of Smoking Products for Public Health Act 2024 (Act 852), according to MOH officials.
While the term “vape device” is not explicitly stated in Act 852, as it falls under the jurisdiction of the Ministry of Domestic Trade and Consumer Affairs (KPDNHEP), the Act prohibits the sale of “imitations” of tobacco products, smoking substances, or substitute tobacco products – implying that vape devices and liquids may fall under this definition.
Under the Fifth Schedule of the Control of Smoking Products for Public Health (Packaging and Labelling) Regulations 2024, liquid or gel “smoking substances” – defined in the principal Act as “any substance or any combination of substances used for smoking, including nicotine, propylene glycol, glycerol, and triethylene glycol” – can only be packaged in specified quantities, whether in bottles, cartridges, disposable pods, or rigid cardboard. Packaging must not be in any shape that resembles toys or food.
So, while vape devices do not directly fall under MOH jurisdiction but rather KPDNHEP, vape products that now require SIRIM registration must comply with MOH standards, including a ban on imitative or toy-like packaging for disposable pods, after the standalone tobacco and vape law took effect last October 1.
“It must be clear that this Act regulates smoking products – meaning anything related to tobacco, whether it is smoked, chewed, ingested, or applied. Secondly, the Act regulates electronic cigarette liquids, which are classified as ‘smoking substances’,” Dr Noraryana Hassan, deputy director of the non-communicable diseases division at MOH, told a media briefing led by MOH deputy director-general of health (public health) Dr Norhayati Rusli here today.
“There is also another category in the Act called ‘substitute tobacco products’. These are smoking materials made from substances other than tobacco leaves. Currently, we have herbal sticks on the market that use betel leaves, pandan leaves, and other plants for smoking.
“If we look at Act 852, there is no direct mention of e-cigarette or vape ‘devices’. However, the interpretation of ‘smoking substances’ and ‘imitation of tobacco products’ in the Act does imply that both the vape device and liquid are regarded as one entity when used together. They can purchase the device, but they also need the liquid.
“For the (vape) devices, the MOH will not directly regulate them, but there are provisions stating they cannot be sold together, and so on,” Dr Noraryana added.
Advertising of vape products is prohibited under Sections 7 and 8 of Act 852, while promotion or sponsorship of vape products is prohibited under Section 9.
Health Minister Dzulkefly Ahmad, in a press conference after the briefing, acknowledged that while the regulations under Act 852 may not be perfect, he believes significant progress has been made toward creating a robust framework, although new issues will undoubtedly arise.
“It took us almost nine months to get this regulation in place. We have taken an approach that is very meticulous, very detailed, with granular detail because we know that the devil is always in the details. This is one of the reasons my team worked closely with our legal advisors in the Attorney General’s Chambers.
“This reflects that while we know it may not be perfect, nothing in law is ever perfect. It will always require constant reviews and appraisals. So it has taken us a while – we’ve moved three deadlines – in July, August, and now October. I would like to say that we’ve come a long way to make it as, I wouldn’t say as bulletproof as possible, as there will always be new issues that will arise.
“But we believe we have laid down the regulations and orders to cover all grounds. Be that as it may, we are still open to any suggestions for further improvements.”
Source: Code Blue
