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Malaysia’s most stringent tobacco regulations will take effect on October 1, limiting the liquid capacity of e-cigarettes to a maximum of 3 milliliters.

2024-10-14

On September 25, the Malaysian Ministry of Health’s official foreign media account announced the implementation of the “2024 Public Health Smoking Product Control Act” (Act 852). This legislation encompasses various regulations regarding registration, sales, packaging, labeling, and public smoking bans, extending its reach to e-cigarettes.Under the “2024 Public Health Tobacco Control Act” (Act 852), alternative smoking products, including e-cigarettes and nicotine-containing liquids, fall under tobacco regulation. Key regulatory measures include:

Registration Requirements: All tobacco and related products must be registered with the Malaysian Ministry of Health prior to import, manufacture, or distribution. Selling unregistered products is strictly prohibited.

Advertising and Promotion Ban: All forms of advertising, promotion, and sponsorship of tobacco and related products are completely banned to discourage smoking, particularly among young people. Merchants are not permitted to display advertisements or promotions for e-cigarettes and other tobacco items.

Sales Restrictions: The sale of tobacco and related products to individuals under 18 is prohibited. Minors are not allowed to purchase, use, or possess these products. Additionally, the sale or display of tobacco products through vending machines is banned.

Packaging and Labeling Requirements

The packaging for tobacco and related products must comply with the standards set by the Ministry of Health. It is required to include health warning labels that inform consumers about the health risks associated with tobacco use. Any misleading claims, such as “low risk” or “safe,” are strictly prohibited. Additionally, the packaging must clearly indicate the product’s ingredients, particularly the nicotine content.

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Smoking Ban in Public Areas

The Minister of Health has the authority to designate specific public areas as no-smoking zones, which also includes a ban on the use of e-cigarettes in these locations.

Price Control

The retail prices of tobacco and related products must adhere to the minimum price standards established by the Ministry of Health. This measure aims to prevent the promotion of e-cigarettes through aggressive low pricing.

Acute Crisis Response Measures

In the event of a public health emergency, the Minister of Health can impose restrictions or outright bans on the import, production, and sale of e-cigarettes to address potential threats to public health.

E-Cigarette Regulatory Details

E-cigarettes and the nicotine used in them will be removed from the list of restricted substances under the “Poison Law” and will instead be regulated as tobacco products. The capacity of e-cigarette liquids will be limited: each cartridge, mouthpiece, and disposable e-cigarette must not exceed 3 milliliters, while bottled e-cigarette liquids must not exceed 15 milliliters.

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