Vape players reject ban, call it flawed

The Sun

2 days ago

KUALA LUMPUR: A coalition of vape associations has strongly opposed the government's move to ban vape sales, warning that such a move would harm adult consumers and drive them toward the unregulated black market.
They also argue that prohibition is not a practical solution to misuse and would instead worsen the situation by encouraging the use of unsafe, unregulated products that are easily accessible to minors.
Malaysian Vape Chamber of Commerce (MVCC) secretary-general Ridhwan Rosli said history has shown that consumers, when denied access to legal vape products, will turn to the black market in search of alternatives, exposing themselves to unregulated and potentially dangerous products.
'Let us be clear: it is not the legal industry that is responsible for any misuse of vape products.
'It is the illegal and unregulated market that continues to operate outside the scope of Act 852.
'Banning legal sales would unfairly penalise responsible businesses that are complying with government regulations and working to support harm reduction efforts in Malaysia,' he said in a statement.
Ridhwan said, based on the National Health and Morbidity Survey 2019, despite nicotine vape being prohibited in Malaysia at the time, 4.9% of the population or approximately 1.1 million people, were using unregulated vape products.
'Even in states such as Johor and Kelantan, where the sale of products has been banned since 2015, usage remains high, with more than 150,000 users reported in Johor and over 30,000 users in Kelantan,' he said.
Similarly, in Singapore, where a full ban on vape use is in place, findings from a survey conducted by Milieu Insight between Q3'21 and Q4'23 revealed that vape usage increased from 3.9% to 5.2% of the population.
'These examples demonstrate that prohibition does not work. The vape industry is a significant part of the local economy, valued at RM3.48 billion in 2023.
'It supports approximately 7,500 general retail shops, 2,500 specialty vape outlets, and employs over 31,500 Malaysians as of 2022, many of whom are Bumiputera entrepreneurs.
On July 28, the Health Ministry stated that it is working towards a full ban on the sale of vape and e-cigarette products, as reported in the Dewan Rakyat.
This followed the authorities' findings that the smoking products are being abused for the consumption of illegal drugs.
Health minister Dzulkefly Ahmad said the ministry is evaluating the effectiveness of the Control of Smoking Products for Public Health Act (Act 852) first.
'Up to June this year, from 58 investigation papers opened (by the police), 70% of the vape products – either the open or closed system – were found positive for illegal substances,' he said.
Malaysia at the Consumer Choice Centre (CCC) country associate Tarmizi Anuwar said a ban will not eliminate demand, it will just eliminate safe access.
He said Malaysians use vape as a less harmful alternative to smoking.
'Taking away this option won't protect them, it will put them at risk.'
Tarmizi said instead of supporting adult smokers in switching to less harmful alternatives, a ban would force many to either return to cigarettes or turn to illegal sources where product safety, labelling, and age controls are non-existent.
He further said that this concern is not hypothetical. A 2021 global meta-analysis found that former smokers who used vape were up to twice as likely to relapse into cigarette smoking.
'The study concluded that without proper access to less harmful alternatives, nicotine dependence could resurface, driving people back to the most harmful form: combustible tobacco.
'Prohibition has never been a successful public health strategy. What adult consumers need are clear rules, product standards, and responsible retail access, not policies that drive everything underground,' he said.
From a consumer perspective, CCC also warned of rising stigma around vaping, noting that many adult users already face confusion and judgment due to poor public understanding of the role vape plays in harm reduction.
'Consumers are being left out of the conversation. They are treated as if they're part of the problem when, in fact, many are making informed choices to reduce harm. Public health policy should support those efforts, not punish them,' Tarmizi said.
Ridhwan said MVCC have noted the formation of the government's expert committee to study vaping policy and welcomes the call for a comprehensive review of industrial, regulatory, economic and licensing aspects.
However, he said, for this process to be truly effective, the legal vape industry must be included in these discussions, alongside addiction and harm reduction experts.
Excluding key stakeholders will only lead to policies that fail to address the root causes of misuse and hinder public health goals, he said.
'We urge the government to engage directly with the legal industry to develop practical and effective solutions to prevent misuse.
'Enforcement, not prohibition, is key. A collaborative approach will enable us to strengthen regulations, enhance compliance, and safeguard public health without harming a legitimate and growing sector of the economy,' Ridhwan said.
In expressing deep concern over the reported consideration of a nationwide ban on vape product sales, the Malaysia Retail Electronic Cigarette Association (MRECA) urges the government to recognise that banning legal sales will not solve misuse but will dismantle the regulated retail ecosystem and create space for illegal, uncontrolled trade to flourish.
MRECA president Datuk Adzwan Ab Manas said many of its members have invested in compliance and training under Act 852.
He said shutting them down without addressing misuse would harm thousands of entrepreneurs and workers.
'MRECA supports regulation – not prohibition – and stresses that misuse stems from poor enforcement and illegal sellers, not licensed retailers. The government must focus on stricter enforcement, online monitoring, and tougher action against unlicensed operators,' Adzwan said.
MRECA urge the government to engage directly with the legal industry to develop practical and effective solutions to prevent misuse.
'Only through stronger enforcement and stakeholder collaboration can we build a regulated market that protects consumers and curbs misuse, without destroying the livelihoods of thousands of retailers.
'A collaborative approach will allow us to strengthen regulations, improve compliance, and protect public health without dismantling a legitimate and growing sector of the economy,' Adzwan said.