The Importance of Collaboration Between Vape Industry Players and Regulators in Malaysia

The Malaysian Vape Industry Advocacy (MVIA) has recently released a statement urging the Health Ministry (MoH) to involve the local e-cigarettes and vape industry players in the process of developing rules and regulations following the recent tax policy introduced by the government. The MVIA emphasized the importance of including the industry in the decision-making process to address the details of liquid nicotine that will be publicly available since it was excluded from the controlled substance under the Poisons Act 1952.

Importance of Including Industry Players in Regulatory Development

The MVIA highlighted that the industry needs clear details on the permitted nicotine levels, prohibited substances in vape liquids and gels, as well as product specifications authorized for sale and marketing. Without such information, the industry players will have to face difficulties in complying with the new regulations, which can significantly impact their business. Therefore, the MVIA strongly urged the government to involve the industry players in the regulatory development process to ensure that the regulations that will be introduced are suitable for implementation.

Urgent Need for Discussions

Rizani Zakaria, the president of MVIA, emphasized that the matter cannot be delayed any longer, and discussions should be held now to prevent making hasty decisions that may negatively impact the industry players. The industry is willing to collaborate with the Ministry of Health to find a solution to this matter.

Avoiding Mistakes from Past

The MVIA also emphasized that the government should avoid making the same mistake in tabling the Tobacco Control Bill, which has received criticisms from various relevant stakeholders. Therefore, the government must hold discussions with the industry and take into account the views of all parties to ensure that the regulations that will be introduced are practical and feasible.

Recent Tax Policy

Last week, the government gazetted an excise duty for vape liquids with nicotine content at 40 sen per milliliter to tax liquid or gel products containing nicotine for electronic cigarettes or vape devices. During the tabling of Budget 2023, the Prime Minister Datuk Seri Anwar Ibrahim announced that the government will impose an excise duty on liquid or gel products containing nicotine, with half the revenue to be allocated to the Health Ministry. The liquid or gel products with nicotine were estimated to be worth RM2 billion in potential government revenue.

##Delay in Tabling the Tobacco Products and Smoking Control Bill
Prime Minister Datuk Seri Anwar Ibrahim recently apologized for the delay in tabling the Tobacco Products and Smoking Control Bill in the Dewan Rakyat. He explained that several MPs had requested that some provisions in the Bill be studied again, which warranted further discussions.

Exemption of Controlled Substance from Poisons Act

In order for the government to tax vape liquids with nicotine, the Health Ministry has taken steps to exempt the controlled substance from the Poisons Act. However, two associations representing healthcare professionals in Malaysia voiced their opposition to the government’s move to exempt nicotine before the tabling of the Tobacco Control Bill.

Conclusion

The Malaysian Vape Industry Advocacy (MVIA) has urged the government to include local e-cigarettes and vape industry players in the process of developing rules and regulations following the recent tax policy introduced by the government. The MVIA emphasized the importance of including the industry in the decision-making process to address the details of liquid nicotine that will be publicly available. The industry needs clear details on the permitted nicotine levels, prohibited substances in vape liquids and gels, as well as product specifications authorized for sale and marketing. The government must hold discussions with the industry and take into account the views of all parties to ensure that the regulations that will be introduced are practical and feasible.

FAQs

  • What is MVIA, and what is its role in the vaping industry?
    MVIA stands for Malaysian Vape Industry Advocacy, and it is a group that represents the local e-cigarettes and vape industry players in Malaysia. MVIA advocates for the rights and interests of the vaping industry and works towards creating a favorable regulatory environment for the industry.

  • What is the recent tax policy introduced by the Malaysian government?
    The Malaysian government recently introduced a tax policy to impose an excise duty on liquid or gel products containing nicotine, including those used for electronic cigarettes or vape devices. The tax rate is set at 40 sen per milliliter, and half of the revenue will be allocated to the Health Ministry.

  • Why is the inclusion of the vape industry players in the regulatory development process necessary?
    The vape industry players need clear details on the permitted nicotine levels, prohibited substances in vape liquids and gels, as well as product specifications authorized for sale and marketing to comply with the new regulations. Therefore, the inclusion of industry players in the regulatory development process is necessary to ensure that the regulations that will be introduced are practical and feasible.

  • What is the Tobacco Products and Smoking Control Bill, and why has it faced criticism?
    The Tobacco Products and Smoking Control Bill is a bill that aims to regulate the sale, promotion, and use of tobacco products and electronic cigarettes in Malaysia. The bill has faced criticism from various relevant stakeholders due to some of its provisions, and several MPs have requested that some provisions be studied again.

  • What is the position of healthcare professional associations in Malaysia regarding the exemption of nicotine from the Poisons Act?
    Two associations representing healthcare professionals in Malaysia have opposed the exemption of nicotine from the Poisons Act before the tabling of the Tobacco Control Bill. They argue that the exemption may create confusion and that the regulatory environment for nicotine should be established through the bill.