Transparency Needed: CCC Malaysia Urges Health Ministry to Enforce Vape Rules, Not Ban

KUALA LUMPUR, 3rd September 2025 – Consumer Choice Center (CCC) Malaysia expresses deep concern over the lack of transparency by the Ministry of Health (KKM) on the issue of e-cigarettes and vaping products, following a closed-door briefing by the Minister of Health to the Parliamentary Special Select Committee (JKPK) on Health on 21st July 2025.

To date, the details of this briefing have not been made available to the public or Members of Parliament beyond the JKPK. Requests from other MPs for more information were reportedly dismissed on the grounds that the session was strictly an internal JKPK matter.

“Transparency and accountability are fundamental to policy-making. Withholding crucial information not only contradicts democratic principles but also risks eroding public trust. Policies cannot succeed if they are developed behind closed doors without meaningful stakeholder engagement,” said Tarmizi Anuwar, Malaysia Country Associate at the Consumer Choice Center.

Vape Rules

CCC is particularly alarmed by the Minister of Health’s intention to submit a Cabinet Memorandum proposing a nationwide ban on e-cigarettes and vaping products. According to CCC, such a move would be misguided and ultimately ineffective for three key reasons:

• Act 852 is still new. The Control of Smoking Products for Public Health Act 2024 (Act 852) only came into effect on 1st October 2024, less than a year ago. Instead of rushing into new prohibitions, the government should first evaluate and enforce the law already passed by Parliament.
  
• Policy incoherence across jurisdictions. A lack of coordination between federal, state, and local governments has created confusion regarding vape sales and misunderstanding about the potential for use as a smoking cessation tool. In some states, this failure of coordination has even led to outright bans on vape sales, despite Act 852 being a federal law. Such inconsistencies not only undermine enforcement but also cause uncertainty for consumers and businesses, making it harder to distinguish between legal and illegal products. This fragmented approach risks driving consumers toward unregulated alternatives and eroding public confidence in the government’s overall tobacco-control strategy.
  
• Evidence from abroad – The United Kingdom, for instance, has regulated vaping products while recognising them as effective harm-reduction alternatives, successfully reducing smoking rates without resorting to bans. Global experience also shows prohibition backfires. In South Africa, a five-month tobacco sales ban in 2020 saw 93% of smokers continue buying from informal markets, with prices surging by 250% and the illicit trade expanding. In Brazil, vape bans have similarly failed, with weak enforcement and continued black market access proving that prohibition fuels rather than curbs illicit use.
  

No blanket ban

Tarmizi further warned:
“Pursuing a blanket ban will only fuel black-market growth, making enforcement harder and denying consumers access to regulated, safer alternatives. Malaysia must learn from international experiences where prohibitions have backfired and only empowered illicit trade.”

To ensure coherent policy implementation, CCC urges the Ministry of Health to establish an Implementation Committee on Vape Policy, comprising representatives from federal and state governments, local authorities, NGOs, consumers, and industry stakeholders. Such a body would ensure inclusive dialogue, better enforcement, and practical solutions that reflect both public health goals and consumer choice.

“Malaysia should strengthen regulation, not weaken it through prohibition. By enforcing existing laws and embracing evidence-based approaches, we can protect consumers, improve health outcomes, and avoid repeating mistakes seen elsewhere,” Tarmizi concluded.

The CCC represents consumers in over 100 countries across the globe. We closely monitor regulatory trends in Ottawa, Washington, Brussels, Geneva, and other hotspots of regulation and inform and activate consumers to fight for #ConsumerChoice. Learn more at consumerchoicecenter.org.

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