Putrajaya cannot suddenly ban vape and e-cigarettes as doing so would expose the government to legal risks, says health minister Dzulkefly Ahmad.
Since the Control of Smoking Products for Public Health Act 2024 (Act 852) was passed and gazetted, Dzulkefly said the vape industry is now legally registered and regulated.
“At the time, we made it clear that the industry would have to register and be regulated comprehensively,” he told the Dewan Rakyat while wrapping up debates on the 13th Malaysia Plan (13MP).
“This has created a ‘legitimate expectation’ under the law, meaning that if we now impose a sudden ban after establishing Act 852, we must be ready to face possible legal challenges.”
Act 852, gazetted on Feb 2 last year and enforced from Oct 1, bans the sale of tobacco and vape products to minors and regulates advertising, packaging, labelling, point-of-sale displays, as well as online sales of such products.
Dzulkefly said his committee, consisting of experts, is preparing a report for the Cabinet on the timing and pathway towards a ban.
“It is not about ‘if’ we will ban, but ‘when’ we will ban,” he added.
Last month, Dzulkefly had said that his ministry was considering a total ban on the sale and use of vape and electronic cigarettes.
However, he said the move required several issues to be taken into consideration, such as legal implications, enforcement, and public health.
Several state governments have moved towards completely banning the sale of vapes, including Perlis, Terengganu, Kedah and Pahang. Johor and Kelantan have banned the sale of these products since 2016 and 2015, respectively.
