[COLUMNIST] Urgent need for vape regulation: A transition from traditional cigarettes

IN the ongoing discussions surrounding Generational Endgame (GEG), significant developments have emerged.

Notably, the Ministry of Health (MOH) faces heavy criticism regarding the removal of nicotine from the list of controlled substances under the Poisons Act 1952.

While this move legalised vaping as a harm reduction tool to combat nicotine addiction from conventional cigarettes, GEG concurrently intends to ban vape usage. This contradictory stance raises concerns.

The Control of Smoking Product for Public Health Bill 2023 ("Bill") has faced continuous challenges in Parliament, with opposition from MPs and constitutional concerns expressed by legal experts.

Local retailers are also troubled by severe penalties if they sell products to the GEG demographic. However, the responsibility of policing youth and new adults falls outside their purview.

Today, let's explore a straightforward legal solution. Instead of relying solely on the Bill's complexity and likely resistance, can the government amend existing tobacco control laws to encompass vape products?

Contrary to MOH's stance, it seems plausible. The Control of Tobacco Product Regulations 2004 (CTPR) under the Food Act 1983 already prohibits vaping in public places and defines "smoking" to include inhaling and expelling vaporized tobacco products.

This suggests that vape products are already subject to the CTPR. Thus, the question for MOH is clear: Given that the Food Act 1983 and CTPR can regulate vape products, then why wait?

The Bill has languished for two years, and the recent lawsuit against MOH is unlikely to reach a resolution soon.

If the Bill fails in Parliament, what's MOH's alternative plan for timely vape control implementation? Amending the CTPR to include additional vape regulations can be achieved swiftly through ministerial action, whereas parliamentary processes might take months or even years.

Since the removal of nicotine from the Poisons List, six months have passed without controls on vape products, leaving youths with easy access, no pricing restrictions and colourful packaging.

We urge the government to consider amending existing laws as a pragmatic alternative. The lives of today's youth are at stake, and swift action is imperative.

While we focus on a Bill for the future generation, we must not overlook the needs of the current generation of youths.

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* Tun Zaki Tun Azmi was a Malaysian barrister who served as the sixth Chief Justice of Malaysia. He was appointed by the Yang di-Pertuan Agong on 21 October 2008 after his predecessor, Abdul Hamid Mohamad, retired from office.

** The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the position of Astro AWANI.