Malaysians Losing Battle on Vaping

In a surprising move, the Malaysian government recently legalised vaping, allowing the sale and taxation of nicotine liquids and gels. This exemption happened before the anticipated law to govern the sale of vape products was tabled, creating a legal loophole that could lead to an increase in the number of young smokers. The legalisation of vaping has raised concerns among health experts, policymakers, and anti-tobacco activists who fear that this decision could undo decades of efforts to end smoking and prevent related health problems and deaths.

The Challenges in Enforcement

The enforcement of restrictions on vaping liquids is expected to face several challenges. For instance, only nicotine liquids and gels are taxed and not non-nicotine ones, making it difficult for enforcement officers to identify the contents of vape products. According to the Malaysian Green Lung Association president, Ho Rhu Yann, enforcers were quite lackadaisical in identifying vape products containing nicotine even when it was still regulated under the Poisons Act. Moreover, unscrupulous retailers may deliberately label their products as without nicotine to evade tax, raising questions about the Malaysian Customs Department’s enforcement capability and penalties for offenders.

Healthcare Concerns about Nicotine and E-Liquid Chemicals

Many health experts are unhappy with the legalisation of vaping and nicotine products, citing the long-term health risks associated with many chemicals in e-liquids. Some doctors have urged the government to ban vaping, warning that the impact of poisoning from liquid nicotine is higher than nicotine from tobacco. Concerns have also been raised about e-cigarette or vaping use-associated lung injury (EVALI), which could cost patients more than RM150,000 for 12 days of treatment in the hospital.

The Challenges in Tax Collection

The government intends to channel some of the tax revenue collected from vape products to the Health Ministry. However, the tax rate of RM0.40 per millilitre on vape liquids or gel with nicotine content is considered low, with some experts arguing that it may not cover the cost of treating smoking-related diseases. Health economist Dr Wency Bui estimates that the government could collect RM500 million from 1.59 million vapers, assuming that all vapers are heavy smokers who use 15ml of nicotine liquid a week. However, not all vapers use nicotine liquids, and the amount collected is likely to be less than the figure.

Conclusion

Legalising vaping and nicotine products in Malaysia is a controversial move that has raised concerns among health experts and anti-tobacco activists. While the government has assured the public that it will table the Control of Tobacco Products and Smoking Bill 2022 in May, many believe that this decision could put the health of future generations of Malaysians at risk. Until there is a clear way of safeguarding their health, the government should retract the legalisation of vapes.

##FAQs

  • Why did Malaysia legalise vaping and nicotine products?
    The government legalised vaping and nicotine products in a move to generate tax revenue for the Health Ministry.

  • What are the challenges in enforcing restrictions on vaping liquids?
    The enforcement of restrictions on vaping liquids is expected to face several challenges, including identifying the contents of vape products and unscrupulous retailers deliberately labeling their products to evade tax.

  • Why are health experts unhappy with the legalisation of vaping and nicotine products?
    Health experts are concerned about the long-term health risks associated with many chemicals in e-liquids, the potential for EVALI, and the impact of poisoning from liquid nicotine.

  • Will the tax revenue collected from vape products be enough to cover the cost of treating smoking-related diseases?
    No, the tax rate is considered low, and it may not cover the cost of treating smoking-related diseases.

  • What can citizens do to protect their health in the face of the legalisation of vaping?
    Citizens should educate themselves on the risks of vaping and advocate for stronger regulations to protect public health. They can also support organizations that are working to raise awareness about the dangers of vaping.