Why does Khairy say there is no current legal mechanism to regulate vaping?

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Khairy Highlights Lack of Specific Legislation for Vaping Regulation

Health Minister Khairy Jamaluddin has stated that there is currently no specific legal framework to regulate the sale of tobacco products, particularly vaping products. This absence of dedicated legislation necessitates the proposed Control of Tobacco Product and Smoking Act 2022, which aims to address this regulatory gap and protect public health.
Existing Laws Do Not Adequately Cover Tobacco and Vaping

Current regulations for tobacco products are fragmented, with cigarettes falling under the Food Act 1983 and nicotine under the Poisons Act 1952. Khairy has indicated that these existing laws do not provide a comprehensive mechanism to control the sale and distribution of tobacco products, including the rapidly evolving vaping industry. The proposed Act seeks to consolidate and strengthen these regulations under a single, dedicated piece of legislation.
Generational End-Game Provision Targets Future Smokers

A key component of the proposed Act is the Generational End-Game (GEG) provision, which prohibits individuals born on or after January 1, 2007, from smoking, buying, or possessing tobacco products or smoking devices. This measure is designed to prevent a future generation from initiating smoking habits, thereby reducing the long-term burden of smoking-related diseases.
Penalties Focus on Fines, Not Criminal Records for GEG Offenders

For those born on or after January 1, 2007, who violate the GEG provisions, the penalties will primarily involve fines, not criminal records. Individuals convicted of smoking, using, or possessing tobacco or smoking devices, or purchasing these products, may face a fine not exceeding RM5,000. This approach aims to deter behaviour without imposing lasting criminal consequences on younger offenders.
The Proposed Act Aims to Reduce Smoking-Related Diseases and Smuggling

Khairy has expressed confidence that the approval of the Control of Tobacco Product and Smoking Act 2022 will enable the Ministry of Health to foster a generation free from smoking. By reducing demand for tobacco products, the Act is also expected to help combat the smuggling and sale of contraband cigarettes, a persistent issue in Malaysia. The Ministry plans to collaborate with other agencies to enforce these measures, particularly during a two-year transition period for the GEG implementation.

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Why does Khairy say there is no current legal mechanism to regulate vaping?

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