The latest Control of Smoking Products for Public Health Bill 2023 has stated the prohibition of selling as well as substituting tobacco products or smoking substance to any person who is a minor, in Clause 13.

The bill also prohibits minors from smoking or using any tobacco products in Clause 17.

This newly proposed anti-smoking bill also states that any substances or combination of substances for smoking will be part of the prohibited list.

However, the Generational Endgame (GEG) policy which prohibits Malaysians born after January 1, 2007 from consuming or buying any type of smoking products has been removed from the bill.

The much sought-after GEG Bill, which secured some 9.2 million signatures in support, was removed, as it was stipulated to have contradicted the provisions under Article 8(1) of the Federal Constitution that every person shall be equal under the law and have equal protection of the law.

The Attorney-General’s Chamber (AGC) stated that the GEG will create unequal legal treatment.

Minister of Health Dr. Zaleha Mustafa highlighted that a comprehensive control over tobacco products should be prioritised, as well as to enact the regulatory control over tobacco and vape products to discourage its use by the minors.

The Academy of Medicine of Malaysia (AMM), being a professional body working closely with the Ministry of Health, universities and specialty societies/colleges has always been committed to disseminating knowledge and information to the public on health–related matters.

We believe that the public should be given the assurance that the newly proposed bill will assure smooth transition towards a more tobacco–conscious society.

The prohibition of advertising any “tobacco product, smoking substances, or tobacco substitute products” as a “quit smoking product” in the latest bill will prevent vape companies from promoting e-cigarettes or vapes with nicotine – which do not contain or burn tobacco – as a method to help smokers switch to vaping from smoking conventional cigarettes.

Community interventions is crucial in providing reinforcements as smoking behaviour is often largely determined by social context.

Parents need to educate their children on the hazard of tobacco, tobacco products and vape as well as to report any shop selling tobacco and vape to the minors.

We should continue to educate the people at large that vape and e-cigarettes with their attendant dangers of lung injury and nicotine addiction should not be promoted as a safe alternative to smoking, and put a full stop to the marketing tactics by vape industry which is evident by the packaging and flavours targeting younger demographics.

This will in turn lure young people and children to start using them and on the oath to eventual nicotine addiction and smoking.

We agree that actions are needed to curb smoking, but the focus should also be on tackling illicit tobacco products which is not addressed in the GEG policy.

This could lead to illegal cigarette trading activities, counterfeit products bearing the trademark of legal manufacturers without their consent, smuggled products produced legally by a manufacturer but diverted and sold illegally elsewhere other than their intended consumers.

The affordability and accessibility to these products will lead to increased use which will then result in dire health and economic consequences (due to the money spent on treating its ill–health effects) and not to mention equally bad effects of exposure to second-hand smoke.

We at AMM strongly advocates on safeguarding (especially the vulnerable populations susceptible to smoking-related harms) and promoting public health, while maintaining societal harmony.

The newly amended bill should emphasise on reflecting the hazards of tobacco products and smoking substances, so that the nation can be navigated with integrity and responsibility.