KUALA LUMPUR: The Ministry of Health (MoH) should issue interim guidelines for the vape industry, given the vape laws that were supposed to be passed during the previous Parliament were postponed.
Malaysian Vape Industry Advocacy (MVIA) president Rizani Zakaria said the vape industry has been calling for regulations since 2015.
"In this time, in addition to developing the industry, players have self-regulated and adhered to high standards to ensure no products are sold to minors.
"This delay is very disappointing because the industry needs to move forward. Unfortunately, there is no final word from the government on what the vape industry can or cannot do despite multiple discussions to regulate the industry," he said in a statement today.
Rizani said according to the 2022 Budget, there would be a tax implementation on vape liquids with nicotine however, this too has been postponed without any timeframe given on implementation.
"With the delay in vape regulations, the industry with more than 15,000 employees and more than 3,000 local small and medium enterprises (SME) will continue to be left without any definite direction from the government," he said.
Recently, health minister Khairy Jamaluddin said that the tabling of the Tobacco and Smoking Control Bill in Parliament to regulate vape and tobacco had been postponed, meaning that the government cannot implement the regulations and taxation related to nicotine vape.
In October 2021, finance ministry Senator Tengku Datuk Seri Zafrul, in the 2022 Budget tabling, announced the implementation of excise duty of RM1.20 per ml on nicotine gels or liquids for vape and electronic cigarettes.
The excise duty, which was supposed to be implemented from 1 January 2022, has been postponed as the MoH has not yet exempted nicotine vape liquids from the Poisons Act 1952 because the government has not yet implemented a law to regulate vape products.
Rizani said the current situation is detrimental to the industry, consumers and the government.
"The vape industry does not indicate the laws and standards of vape liquids that contain nicotine.
"At the same time, consumers continue to buy non-standard products while the government does not regulate or tax vape products. The uncertainty also sends the wrong message to international and domestic investors in the industry," he said.
Rizani believes there is a solution to this problem if the government is serious about implementing vape regulations.
"As an interim measure, while waiting for vape regulations, the government should first develop a guideline for the industry.
"The guidelines should provide clear direction to local industry players on what can and cannot be done in sales activities to ensure there are no sales to minors," he said.
"In addition, the guidelines should also guide the packaging of vape products, the permitted content in vape liquids including the amount of nicotine allowed.
"This way, the guidelines can help the industry prepare for regulations when the law is passed," he said.