LAWMAKERS must support the move to retain nicotine as a controlled substance under the Poison Act 1952, the Consumers Association of Penang (CAP) said. 

CAP president Mohideen Abdul Kader urged Putrajaya to pass the Generational End Game (GEG) bill to prohibit tobacco and vape for anyone born after 2007 without any changes to the original content. 

“The call for GEG is grounded on current events and scientific evidence.

“Allowing electronic nicotine delivery systems and heated tobacco products would undermine the objective of the World Health Organization Framework Convention on Tobacco Control to de-normalise smoking and tobacco use,” he said in a statement.

The Health Ministry (MOH) will table a new bill that seeks to regulate all smoking products, including materials containing nicotine used in electronic cigarettes and vape devices.

Health Minister Dr Zaliha Mustafa said the ministry hopes for the bill to be expedited and tabled in the May parliamentary session. 

“The new bill is to ensure there is comprehensive control over nicotine preparations or gels containing nicotine in the liquids used in electronic cigarettes or vape,” she said. 

Mohideen said nicotine is categorised as a Group C poison that requires a licensed pharmacist or a registered medical, dental or veterinary practitioner to sell any form of preparation containing nicotine under the Poison Act 1952.

“The way forward to curb future nicotine addiction among future generations is by emulating Australians. 

“From October 1, 2021, all nicotine vaping products, such as nicotine e-cigarettes, nicotine pods and liquid nicotine, are classed under schedule 4 (prescription only) medicines.

“A person cannot buy any of the products without a doctor’s prescription.”

He added that accidental nicotine poisoning among children is on the rise in Malaysia. 

“The Universiti Sains Malaysia-based National Poison Centre reported 66 calls of vaping-related poisoning between January 2015 and August 2022. 

“Most of the cases involved children aged between one and four, the youngest being four months.

“With thousands of e-liquids variants flooding the market sold by 3,300 known retailers, it is impossible to monitor the nicotine concentration of each bottle or brand.”

Mohideen said according to the Malaysian Vape Chamber of Commerce, there are more than 97% of e-liquids with nicotine in the local market.

“Studies in Europe revealed many of the samples obtained from the market showed many are in excess of 10% of the stipulated amount of nicotine.

“Is the MOH dancing to the sales pitch of addictive drug dealers?”

Meanwhile, the Human Rights Commission of Malaysia (Suhakam) also expressed concern over the recent decision made by the government to remove nicotine from the scheduled list of controlled substances under the Poison Act.

Suhakam’s Children Commissioner (CC) Farah Nini Dusuki said the decision may result in children having unrestricted access to nicotine containing liquids and gels.

This, she said, could lead to adverse health effects without any legal consequences.

“As member states to the Convention on the Rights of the Child 1989 (CRC), Malaysia is committed to ensuring that every child has access to the highest attainable standard of health as stated in article 24 of the CRC. 

“Under section 2(f) of the same article, Malaysia is obligated to implement preventive health care measures to promote and protect this right.”

She said the removal of nicotine from the controlled substances list may implicitly permit the use of nicotine-related products by individuals under 18 years of age, as the prohibitive nature of section 17 of Act 366 would no longer apply.

“This decision goes against the spirit of the Child Act 2001, which acknowledges that children require special safeguards, care, and assistance, including protection from a smoke and nicotine-infested environment.

“It is the state’s responsibility to ensure children are not exposed to anything that may endanger their physical and emotional health.”

Farah said despite ample evidence linking nicotine and toxic substances of e-cigarettes to brain development damage, the government’s decision puts children in Malaysia at a higher risk of nicotine addiction.

“While the CC recognises the government’s efforts to reduce tobacco consumption by increasing tobacco taxes, this should not be confused with opening the floodgates to new users of nicotine-related products, especially children. 

“It remains questionable whether taxing buyers of e-cigarettes will truly generate revenue and positively contribute to the economy.”

She added that the delisting of nicotine will lead to more cases of lung-related diseases and injuries, adding to the already strained public healthcare system and increasing healthcare expenditure.

“This directly contradicts the MOH goal of reducing the number of smokers from 40% to 15% by 2025.

“The CC strongly urges the government to continue its commitment to building a smoke-free environment, as started by its predecessor. 

“Neglecting this commitment will have intergenerational consequences on children’s health and the environment, putting the concept of ‘Malaysia Madani’ in jeopardy.”

Farah said this concept focuses on sustainable development, encompassing not only economic aspects but also social and environmental wellbeing. – April 5, 2023.