MALAYSIA
Malaysia’s Ministry of Domestic Trade, Cooperatives and Consumerism (KPDNKK), Ministry of Health (MOH) and the Ministry of Science, Technology and Innovation (MOSTI) have been tasked by the government to regulate the use of electronic cigarettes and vape.
KPDNKK was responsible for regulating and enforcing safety standards for e-cigarette devices and batteries and vaping devices under the Consumer Protection Act 1999 (Act 599). The ministry would also regulate and enforce the marking and labelling of electronic cigarette devices and nicotine-free liquid and vapes through the Trade Descriptions Act 2011 (Act 730); Act 599; the Price Control and Anti-Profiteering Act (Act 723) and the Weights and Measures Act 1972 (Act 71).
Under a new act, KPDNKK would monitor the licensing, production, distribution including import, export, and sale of e-cigarette devices, nicotine-free liquid, and vapes.
Under the Poisons Act 1952 and Sale of Drugs Act 1952, which only permit licensed pharmacies and registered medical practitioners to sell preparations containing nicotine for medical treatment, MOH would regulate the sale of e-liquid containing nicotine, as well as the sale, promotion, and use of health-related labels for e-liquids without nicotine and vape, including enforcing a ban on its usage for under-aged consumers.
MOSTI would develop standards for e-cigarettes batteries and devices and the packaging of nicotine-free, e-liquid and vapes under the Standards of Malaysia Act 1996 through the Department of Standards Malaysia
Following the decision, MOH will draft a new law to replace the Tobacco Control 2004 Regulations, while KPDNKK would draft a new law relating to the control of e-cigarettes and vapes within the next two years. The sale of e-cigarettes and vapes during this two year period would be controlled by existing laws and regulations imposed by the relevant ministries and agencies.
It was also decided that KPDNKK would conduct a study on regulatory mechanisms for e-cigarettes and vapes while the MOH would conduct further studies on its impact on health.