Vape ban: Govt anticipating legal backlash from industry

Editor’s note: This article has been amended to better reflect the minister’s comments.

PARLIAMENT | The government is anticipating legal challenges as it moves ahead with plans to ban e-cigarette and vape products, according to Health Minister Dzulkefly Ahmad.

Speaking in the Dewan Rakyat, he said this is because the move to regulate such products has created a “legitimate expectation” from the vape industry, and it needs to be prepared for legal action if the products are suddenly banned.

“Since we have developed, tabled, and passed the Control of Smoking Products for Public Health Act last year, we have a responsibility.

“After requiring the industry to do registrations and such, and we regulated it from end to end, it created what is described in law as ‘legitimate expectation’.

“Due to this, we know that if we suddenly ban (vapes) after having enforced the Act, we have to be ready to face whatever action they may take,” Dzulkefly said in his winding-up speech of the 13th Malaysia Plan proposal.

The minister was responding to Kelvin Yii (Harapan-Bandar Kuching), who wanted to know how Putrajaya plans to address vape issues, including the abuse of such devices to consume drugs.

However, Dzulkefly reiterated that the government aims to fully ban vapes and e-cigarettes in the future, and an expert committee will soon table a report to the cabinet.

“It is no longer if we’ll ban (vape and e-cigarette products), but when we’ll ban. That’s the content of the report to be tabled to the cabinet,” he said.

Last month, the minister told the Dewan Rakyat that Putrajaya was working towards fully banning the sale of vape and e-cigarette products, but wants to evaluate the effectiveness of the new law first.

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