NGOs Seek Stronger Enforcement of Act 852 to Tackle Vaping

KUALA LUMPUR, June 18: Two non-governmental organisations (NGOs) have called for stronger enforcement of the Control of Smoking Products for Public Health Act 2024 (Act 852) to curb rising vape use, particularly among youths. 

One of the NGOs, Green Lung Malaysia, said Act 852 must be enforced firmly, comprehensively and effectively, stressing that public health considerations should remain paramount while legal processes take their course.

“We respect the right of any party to utilise the legal avenues provided under the law, including the ongoing appeal process. “However, from the perspective of lung health and public health, ensuring that Act 852 continues to be enforced firmly, comprehensively and effectively is more important,” the statement said.

It said data from the National Health and Morbidity Survey (NHMS) showed that the prevalence of electronic cigarette and vape use among individuals aged 15 and above rose from just 0.8 per cent in 2011 to 5.8 per cent in 2023, representing more than a sevenfold increase over the past decade. 

“Even more concerning is that vaping is increasingly being accepted as a social norm among adolescents and young adults, despite limited awareness of the risks of nicotine addiction and the long-term effects on lung health and the respiratory system,” it said.

Green Lung Malaysia had also outlined several recommendations to strengthen enforcement of Act 852, including strict enforcement of the ban on the sale of vape products and vaping devices to minors without compromise. 

They also called for more aggressive action against the advertising, promotion and sponsorship of such products through social media, e-commerce platforms and influencers targeting youths, as well as continuous monitoring and immediate action against online sales.

Echoing the call, Malaysian Drug Prevention Association (Pemadam) Family and Community Development Bureau chairman Datuk Jamelah A Bakar said Act 852 had already provided a strong legal framework for regulating smoking products, including vape products. 

She said the priority now is to ensure its enforcement is strengthened consistently and continuously through close cooperation among the Ministry of Health, Royal Malaysia Police, Malaysian Communications and Multimedia Commission, educational institutions and the community. 

“Stronger action must be taken against the online sale of vape products, including through social media, e-commerce platforms, WhatsApp and Telegram, which are becoming increasingly difficult to control and are easily accessible to young people,” she said.

Jamelah said monitoring of vape products currently available in the market should be enhanced to ensure that prohibited substances, psychoactive substances or synthetic drugs are not misused through such products. 

Last May, the Kuala Lumpur High Court allowed a judicial review application filed by three NGOs challenging the government’s 2023 decision to exempt vape liquids and gels from the Poisons List.

The NGOs involved were the Malaysian Council for Tobacco Control, Green Lung Malaysia and Voice of the Children.

Judge Datuk Aliza Sulaiman said the court was satisfied that the applicants had successfully demonstrated that the government’s decision to grant the exemption, which was driven primarily by economic considerations before Act 852 came into force on Oct 1, 2024, was irrational.

— BERNAMA