Modernising Tobacco Control: A Stricter Yet Compromised Reform?

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The rising prevalence of smoking, particularly among minors, has led to the enactment of the Control of Smoking Products for Public Health Act 2024 (Act). Previously, the absence of standalone legislation left e-cigarettes and vaping devices in a regulatory gray area, inadvertently facilitating youth smoking initiation. This new Act aims to provide a comprehensive framework for regulating all smoking products in Malaysia. However, with the removal of the Generational End Game (GEG) clause—a once-proposed policy to permanently phase out smoking for those born after 2007—how effective will this Act be in achieving its public health goals?

Background

The Control of Tobacco Product Regulations 2004 (CTPR) previously served as the primary regulatory framework. However, as of 2024, it has been revoked, replaced by the Act and six newly introduced regulations:

(1)        Control of Smoking Products For Public Health (Warning Sign of Prohibition of Smoking) Regulations 2024

(2)        Control of Smoking Products For Public Health (Compounding of Offences) Regulations 2024

(3)        Control of Smoking Products For Public Health (Control of Sale) Regulations 2024

(4)        Control of Smoking Products For Public Health (Packaging and Labelling) Regulations 2024

(5)        Control of Smoking Products For Public Health (Registration of Tobacco Product, Smoking Substance and Substitute Tobacco Product) Regulations 2024

(6)        Control of Smoking Products For Public Health (Notice Under Section 47) Regulations 2024.

Registration

Part II of the Act deals with the registration aspect of any tobacco product, smoking substance or substitute tobacco product (Regulated Products). With this, it is clear that regulated products encompass the entirety or if not, majority of smoking-related items.

Unless it is registered, no Regulated Products can be imported, manufactured or distributed. Failure to do so is an offence with specific liabilities:

Non-Body Corporate
1st offence	2nd / subsequent offences
Fine (RM)	Imprisonment (Year(s))	Fine (RM)	Imprisonment (Year(s))
≤20,000	≤1	≤30,000	≤2
Both	Both

Body Corporate
Company	LLP	Firm	Body of persons
1st offence	2nd / subsequent offences
Fine (RM)	Imprisonment (Year(s))	Fine (RM)	Imprisonment (Year(s))
20,000 – 100,000	≤2	50,000 – 300,000	≤3
Both	Both

An application for registration must be submitted to the Director General of Health, Malaysia (the DG, who is responsible for maintaining a register of all the registered products), along with the prescribed fee and any documents deemed necessary. The DG has the authority to revoke an approved registration if there was:

(i)          violation of any provision of the Act / its regulations;

(ii)         breach of any condition of the registration; or

(iii)       a conviction of an offence under the Act.

The DG does this by issuing a notice in writing, allowing the applicant to make written representations against the cancellation. During this period, any importation, manufacturing or distribution of the Regulated Products is suspended. At such a juncture, no compensation for loss nor a refund of the registration fee will be given. Therefore, it is especially important for the applicant to provide accurate information as per the product’s packaging such as, name, address or registered mark. Failure to do so shall lead to an offence.

Advertisement, Promotion And Sponsorship

Part III of the Act maintains the long-standing prohibition on advertising, promoting and sponsoring smoking products. This aligns with global efforts to minimise the appeal of smoking, particularly to younger audiences.

The Act criminalises any material or activity that directly or indirectly encourages smoking, including distributing products as gifts, prizes, or sponsorships. While e-cigarettes and vaping devices were previously in a legal grey area under the CTPR, the Act has now closed this gap, explicitly subjecting them to the same restrictions as traditional tobacco products.

Strengthening Protection For Minors

Part IV of the Act enhances restrictions on the sale and display of smoking products, reinforcing existing packaging and labeling requirements while introducing stricter measures to curb youth access.

Similar to its predecessor, the Act mandates compliance with the packaging and labelling requirements including the detail requirements of the packaging and prohibition of sale to minors.

For the first time, the Act explicitly prohibits the sale of all smoking and tobacco products including vaping devices and e-cigarettes to anyone under 18. This provision directly addresses the concerning rise in youth smoking, which was previously fuelled by the easy availability of such products.

Expanding Non-Smoking Areas And Public Health Safeguards

Part VI introduces stricter regulations on non-smoking areas, empowering the Minister to designate any public space, building, or vehicle as a smoke-free zone. The Control of Smoking Products For Public Health (Declaration of Non-Smoking Area or Place) Order 2024 specifies these areas, which include hospital, entertainment centers and public transport facilities. Meanwhile, the Control of Smoking Products For Public Health (Declaration of Non-Smoking Area or Place) Order 2024 pertains to non-smoking areas for specific States and the Federal Territories. Non-compliance with these provisions is an offence with a fine of up to RM5,000.

Minors are further restricted under Section 17(1) of the Act, which makes it an offence for smoking, chewing or using tobacco products in any form. Offenders face fines of up to RM500 or mandated community service according to the Criminal Procedure Code or the Child Act 2001.

Additionally, proprietors of non-smoking areas now bear legal responsibilities, including:

·             Displaying the prescribed no-smoking signs

·             Prohibiting the provision of smoking-related equipment

·             Taking all reasonable measures, as required by the DG, to prevent smoking in non-smoking areas

Distinctively, the Control of Smoking Products for Public Health (Warning Sign of Prohibition of Smoking) Regulations 2024 go beyond the conventional “No Smoking” signage – and introduces a scannable QR code that links directly to the Ministry of Health Malaysia’s dedicated smoking cessation services website must now be included.

Compounding Of Offences

To enhance regulatory enforcement, the Act allows for the compounding of certain offences at any stage before the prosecution begins, enabling offenders to settle fines of up to 50% of the maximum penalty before prosecution. This mechanism balances strict compliance with practical enforcement by reducing court congestion while maintaining accountability.

The Control of Smoking Products For Public Health (Compounding of Offences) Regulations 2024 outlines specific compoundable offences, including:

·             A minor purchasing the regulated product (Section 13(3) of the Act)

·             Smoking in a designated non-smoking area (Section 16(2) of the Act)

·             A minor smoking, chewing, or using tobacco products in any manner (Section 17(1) of the Act)

·             A proprietor or occupier of a non-smoking area failing to meet their above responsibilities (Section 18(1) of the Act)

Conclusion

After multiple revisions, the Act officially took effect on 1 October 2024, replacing outdated frameworks and introducing modernised regulations. The shift from the initially proposed GEG to a universal age restriction at 18 years represents a significant policy change – one that raises questions about long-term smoking reduction strategies.

While the Act provides a robust regulatory structure, its true effectiveness will depend on enforcement, public awareness and industry compliance. Only time will tell whether this legislative overhaul will succeed in shaping a healthier Malaysia or if further reforms will be necessary.

21 April 2025