GEORGE TOWN: The Consumers' Association of Penang (CAP) has urged the government to firmly reject a memorandum from five associations, urging amendments to the Control of Smoking Products for Public Health Act 2024 (Act 852) in favour of the vape industry.
The five associations represented over 2,000 vape traders.
CAP president Mohideen Abdul Kader said while the vape industry claimed to be a significant revenue generator, this assertion paled in comparison to the enormous medical costs shouldered by taxpayers.
He said the industry's appeal for discussions with the Finance Ministry, led by the Prime Minister, raised concerns about Malaysia's commitment to the World Health Organisation's Framework Convention on Tobacco Control (WHO FCTC).
Under Article 5.3, governments are obligated to safeguard public health policies from the influence of commercial tobacco interests.
"Public health must take priority over commercial interests. As such, we call on the government to firmly reject the vape industry's memorandum.
"The vape industry's rhetoric mirrors that of the tobacco industry, which is now heavily regulated under the WHO FCTC, adopted by over 90 per cent of countries worldwide.
"The industry's arguments, similar to those once used by the tobacco sector, are designed to mislead the public by presenting vaping as a safer alternative.
"As vape use among Malaysian youth continues to rise, the health risks and economic costs far outweigh any potential financial benefits the industry might offer," he said in a statement today.
The Control of Smoking Products for Public Health Act 2024 (Act 852), which included control on vape products, will come into force on Oct 1.
Health Minister Datuk Seri Dr Dzulkefly Ahmad said the law which was gazetted in February aimed at banning the sale and purchase of tobacco products, smoking materials and tobacco substitutes including vape and any electronic smoking devices to minors, among others, would take effect in less than a week's time.
Elaborating, Mohideen said while vaping is marketed as a safer alternative and a tool for smoking cessation, these claims were often misleading and contributed to continued nicotine addiction.
He said the vape industry's tactics also targetted non-smokers and youth, luring them into a highly addictive habit.
He said prominent displays of vape products in stores, combined with attractive packaging, played a crucial role in influencing consumer behavior while downplaying health risks.
"Research shows that such marketing strategies encourage non-smokers and teens to start using these products, with dangerous long-term consequences.
"Vape liquids sold in larger volumes further promote frequent use, leading to higher nicotine intake and exposure to harmful chemicals found in the aerosol," he added.
The Malaysia Retail Electronic Cigarette Association (MRECA) had called on the Health Ministry for a one-year phase-out period to sell off existing stock.
MRECA president Datuk Adzwan Manashe had expressed that the industry is open to regulation but preferred a gradual approach.
Mohideen said this echoed the tobacco industry's response to the introduction of Pictorial Health Warnings (PHW) in 2008, where companies sought grace periods of up to two years, citing significant costs and logistical concerns.
Vape traders, he pointed out, also argued that high registration fees and regulatory costs threatened their businesses.
According to the National Health and Morbidity Survey (NHMS) 2022, the use of e-cigarettes and vapes among Malaysian teenagers aged 13 to 17 rose from 9.8 per cent in 2017 to 14.9 per cent in 2022, even as smoking rates decreased.
"The growing popularity of vapes among youths is a serious public health concern.
He said the economic case for the vape industry is further weakened by the rising healthcare costs related to vaping-related illnesses.
"Most affected individuals will likely seek treatment in public hospitals, exacerbating the strain on an already overburdened healthcare system.
"Vaping can also cause workforce disruptions, reduced earnings, and financial hardship for families— costs the industry conveniently ignores.
"Without strong legal measures, the cost of treating e-cigarette or vaping-associated lung injury (EVALI) is expected to reach RM369 million annually by 2030. Combined with other hidden costs, this will far exceed the RM500 million in annual revenue that vape taxes could generate," he stressed.
Mohideen said vape traders were aware from the start that their products, as nicotine delivery systems, would face stringent regulation or even bans due to their harmful effects.
"Accepting this risk was a calculated business decision.
"The government must remain steadfast in its commitment to protecting public health and reject the vape industry's attempts to influence policy for its own commercial interests.
"CAP urges the government to uphold its obligations under the WHO FCTC and prioritise the health of the public over the profits of the vape industry," he said.