In a thought-provoking Al Jazeera documentary titled "Flavoured Toxins: The Rise of Vaping," the growing trend of vaping in Southeast Asia, particularly Malaysia and Indonesia, takes center stage. The documentary sheds light on a distressing issue—the sale of e-cigarettes to adolescents who are non-smokers. A video clip promoting the documentary showcases an undercover operation where a young buyer, disguised as a teenager, visits six vape shops in Kuala Lumpur equipped with a hidden camera and microphone to purchase vape products.
The undercover footage captured in the documentary reveals vape shop employees selling e-cigarettes to the young woman without requesting any form of identification to verify her age. Despite being informed that she is not a smoker and is trying vaping for the first time, these employees proceed with the sale, disregarding the potential risks. Shockingly, one shop even sells her a 10,000-puff vape device for just RM36.
These 10,000-puff devices are typically designed for regular vapers who can consume them within a week or two, depending on their vaping habits. The seller featured in the Al Jazeera documentary recommends this device to the young buyer, saying, "You want to try the soft ones, I would recommend this one for a start. It's 10,000 puffs for RM36."
Mohammad Nazeem Talib, the president of the E-Vaporizers and Tobacco Alternative Association Malaysia (MEVTA), emphasizes that e-cigarette products and vape shops have clear warnings intended to deter minors from using these products. Vape shops often display an "18-year-old and above only" sticker, and the packaging explicitly states that the products are not for children. According to Mohammad Nazeem, these initiatives are voluntary and aim to demonstrate the industry's willingness to regulate itself.
In April, Malaysian vape industry players committed to self-regulation after a stakeholder meeting with Deputy Health Minister Lukanisman Awang Sauni. However, the extent of this self-regulation remains uncertain, as local vape shops continue to sell e-cigarettes with nicotine content of up to five percent—significantly higher than the two percent limit imposed by countries that regulate vaping. Furthermore, online platforms enable users to purchase vape products with nicotine levels as high as 12 percent, as reported by CodeBlue.
The sale of nicotine vape products to minors and potential health risks sparked concerns, prompting the government's decision to remove liquid and gel nicotine from the Poisons Act 1952. While this effectively legalized the sale of nicotine vape products to anyone in Malaysia, including minors below the age of 18, the absence of specific regulations on e-cigarettes poses a significant challenge.
Unfortunately, the government's recent attempt to pass the Control of Smoking Products for Public Health Bill 2023 in Parliament failed. Consequently, the tobacco and vape control bill was redirected to a parliamentary special select committee after its first reading. Former Health Minister Khairy Jamaluddin, who proposed the initial iteration of the tobacco bill, acknowledged previous enforcement efforts against vape sales, particularly to minors, during his tenure. However, with no existing law against vape, the situation has spiraled out of control, leaving Malaysia in a regulatory void.
As highlighted in a previous report by CodeBlue, vape shops in the Klang Valley region specifically target youths. Although the "18-year-old and above only" stickers and signs are present, they are often inconspicuously placed, making it easy for customers to overlook them. Vape shop employees frequently mislead vape newbies by claiming that addiction is not a concern with e-cigarettes and that their products are harmless compared to traditional cigarettes, which contain tar and other harmful chemicals.
On the other hand, e-cigarette manufacturers from China confessed to actively targeting youths as young as 18 by creating trendy and fashionable products. They acknowledged that the older generation is less likely to switch from conventional cigarettes to vaping. Some Chinese manufacturers even attempt to entice children with devices that resemble toys, keychains, or even milk cartons, adorned with appealing symbols.
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On June 30, the Malaysian Council for Tobacco Control (MCTC), together with the Malaysian Green Lung Association (MGLA) and child rights group Voice of the Children (VoC), filed for a judicial review against Health Minister Dr. Zaliha Mustafa's decision to remove liquid and gel nicotine from the Poisons Act. Despite criticisms, Dr. Zaliha defended her decision, arguing that the legal reclassification of the highly addictive substance as a scheduled poison does not indicate negligence toward child health within the Ministry of Health (MOH).
