Vape groups push for strict regulation, say ban will fuel black market

New Straits Times

19 hours ago

The vape industry has urged the government to regulate, not ban, vape products, saying prohibition will only push users to the black market and punish legitimate businesses that comply with the law.
The Malaysian Vape Chamber of Commerce (MVCC) and Malaysia Retail Electronic Cigarette Association (MRECA) said enforcement and proper regulation under existing laws would be more effective in tackling product misuse and protecting public health.
MVCC secretary-general Ridhwan Rosli said banning vape products would drive consumers toward unregulated and potentially dangerous alternatives.
"Prohibition has never been an effective solution in tackling misuse.
"History has shown that when consumers are denied access to legal vape products, they turn to the black market and risk exposure to unregulated, unsafe substances."
Health Minister Datuk Seri Dr Dzulkefly Ahmad told the Dewan Rakyat the government was considering a full ban on the use and sale of electronic cigarettes and vape products.
Ridhwan said the root of the problem was the illegal and unregulated market, not the licensed industry.
"Banning legal sales would unfairly penalise responsible businesses that are complying with government regulations and supporting harm reduction efforts."
He cited the National Health and Morbidity Survey 2019 data which showed that 4.9 per cent of Malaysians, or 1.1 million people, were using unregulated vape products, even when nicotine-based vapes were prohibited.
"In Johor and Kelantan, where sales have been banned since 2015, usage remains high, with over 150,000 users in Johor and more than 30,000 in Kelantan.
"Even in Singapore, where a full ban is in place, vape use increased from 3.9 per cent to 5.2 per cent between 2021 and 2023, according to a Milieu Insight survey.
"These examples show that prohibition does not work."
He said the vape industry contributed significantly to the economy, valued at RM3.48 billion in 2023, with more than 31,500 employees and 10,000 retail outlets, many owned by Bumiputera entrepreneurs.
"We welcome the formation of the expert committee to study vaping policy, but the legal industry must be included in the discussions, alongside addiction and harm reduction experts.
"Excluding key stakeholders will only result in policies that miss the root causes of misuse."
Malaysia Retail Electronic Cigarette Association president Datuk Adzwan Ab Manas questioned the Health Ministry's delay in approving vape products, despite companies complying with licensing and documentation rules.
"We already have the Control of Smoking Products for Public Health Act 2024. Use it to regulate strictly, not bypass it with a blanket ban."
He said the lack of enforcement and transparency was pushing consumers to the black market.
"We're ready to help enforce, monitor and clean up the market. But the government must act transparently and professionally, not punish those who comply."
Universiti Kebangsaan Malaysia community health specialist Professor Dr Sharifa Ezat Wan Puteh warned that a total vape ban could backfire if not accompanied by robust enforcement and public education.
She said other countries had taken varying approaches to regulating vape.
"For example, the United Kingdom allows vape products under proper regulation, although it also permits the use of substances like THC (tetrahydrocannabinol). The same applies to the United States.
"In contrast, Thailand has banned vape, but continues to allow cigarette use due to its investments in the tobacco industry.
"Vape is seen as a competitor, so it is not allowed, even though users still obtain products through illicit means."
She said the Philippines, on the other hand, had implemented regulations to allow vape use.
"Their Health Ministry encourages smokers to quit by switching to vape under proper regulations."
Sharifa said another option that could be considered was the Australian model, where vaping is prescribed as a medical intervention.
"It has its pros and cons, but at least the option is there for smokers who want to quit."