KUALA LUMPUR, Oct 3 — Punitive action can be taken against people who puff away in public from now, following the Control of Smoking Products for Public Health Act 2024 (Act 852) that came into effect on October 1.
Technically, the Act was gazetted on February 2 this year, though enforcement has been put off until now.
Even so, the Health Ministry said that enforcement will be carried out in phases, with some actions that will be taken immediately, and others next year.
Whether you are a smoker, or a vaper, or not, here’re the things you should know about this law.
What is Act 852 all about?
The Act was introduced to bring significant benefits to public health and environmental sustainability.
It aims to curb smoking habits among the public and prevent the sale of smoking products to minors through law enforcement and continuous public education initiatives.
What are the focus areas?
The Act comes with a regulatory framework that includes various aspects of smoking.
It includes the sale of smoking products that are in the form of games or include gamification features targeted at children.
Provisions also involve advertising, promotions, and sponsorship of all types of smoking products and related to where sales of smoking products are prohibited, such as educational institutions, sales markets, online platforms, and vending machines.
The law regulates the registration of smoking products as well as their packaging and labelling.
The Act also includes a regulatory framework for the point-of-sale display of smoking products at eateries and retail stores.
So what are the things that will be enforced and when?
Health Minister Datuk Seri Dzulkefly Ahmad announced on October 1 that there will be two aspects to implementing the Act, namely immediate action, and educational enforcement, a period which is between six and 12 months.
The educational enforcement is basically a grace period for the other aspects to ensure all stakeholders understand the guidelines and are prepared for the full implementation of the Act.
Here are what’s covered under immediate enforcement:
- Sale of smoking products that are in the form of games.
- Sale of all smoking products at prohibited places such as educational institutions, online sales markets, and self-service vending machines.
Here’s what falls under the grace period, and when:
April 1, 2025:
- Registration of smoking products.
- Point-of-sale display of smoking products at eateries and retail stores.
October 1, 2025:
- Packaging and labelling of smoking products.
What led to the implementation of Act 852?
The law aimed to ban the sale and purchase of tobacco products, smoking materials, and tobacco substitutes including vape and any electronic smoking devices to minors.
It came following findings from the 2023 Global Adult Tobacco Survey (GATS) for Malaysia that indicated a significant increase in e-cigarette or vape usage, particularly among adults under the age of 50.
The report also highlighted a major spike in vape users among minors.
According to the GATS report, the number of e-cigarette users in Malaysia increased by over 600 per cent over the past 12 years.
It showed there were only 0.8 per cent of e-cigarette users in Malaysia in 2011, but the number rose to 5.8 per cent in 2023.
The study also found the majority of e-cigarette users were aged 15 to 24.
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