AS Malaysia continues to grapple with rising vape usage, particularly among youths, experts caution against prohibitionist approaches that may worsen the very issues they seek to solve.
Instead, the call is growing louder for evidence-based regulation and stronger enforcement – not blanket bans.
Public health expert, Professor Dr Sharifa Ezat Wan Puteh, believes that the solution lies in balancing public safety, harm reduction, and responsible regulation, all while addressing the expanding black market of unregulated vape products.
“Vape regulation is very much needed for local population safety and to prevent youths’ addiction to vaping.
“But unfortunately, it also deterred the proper selling of legal vape products that are taxed and have gone through some form of quality control, including e-liquid assessments,” she said.
Dr Sharifa, who is the Dean of the School of Liberal Sciences, Public Health Medicine Specialist at the Faculty of Medicine at Universiti Kebangsaan Malaysia (UKM), noted the irony that most of Malaysia’s high-quality vape liquids – those which have undergone rigorous checks – are exported for use in the United Kingdom and other countries with clear regulatory standards.
“This pushes black market products to be more accessible, albeit more dangerous.
“It is also possible that those who cannot access vape might revert to traditional cigarettes – most likely from the illicit tobacco market that is considerably cheaper than taxed cigarettes,” she explained.
Enforcement Over Prohibition
Dr Sharifa, who is also the Chairman of the Malaysian Society of Harm Reduction (MSHR), believes that instead of enforcing bans or excessive restrictions, authorities should focus on improving regulatory implementation under the Control of Smoking Products for Public Health Act 2024 (Act 852), which already provides the necessary tools for governance.
She pointed out that prohibition is not the solution, but instead, enforcement.
“A proper evaluation would need to assess the number of people who have transitioned from tobacco to the use of vape, and how many have reverted to traditional cigarettes.
“It is also important to assess youth use of vape and whether they transitioned to cigarettes as well – the gateway effect to tobacco,” she said.
While some states are considering or have already moved towards blanket bans, public health experts warn this could weaken federal authority and create inconsistencies that undermine public trust.
State-level bans risk creating fragmented laws, thus weakening public confidence in national policy.
The Dangers of Illicit and Unregulated Vape Products
With enforcement lacking, the black market is unfortunately flourishing – and this has direct implications for public health.
Dr Sharifa, who is also a professor of Hospital Management and Health Economics at UKM, stressed that banning vape would further push this agenda forward.
“Yes, illicit vape products are flooding the market and impede the use of responsible vaping among populations that need it – such as those who have no intention to quit or smokers who failed with traditional methods.
“Vape is not meant for nicotine-naïve lungs – non-smokers – and should, as much as possible, be regulated so that it is not sold to youths as a consumer product,” she added.
Dr Sharifa pointed out that there are many types of alternative nicotine products (ANP), such as nicotine replacement therapy (NRT), nicotine e-cigarettes, and heated tobacco products, which are more expensive and widely used in countries like Japan and South Korea, oral tobacco such as snus in Sweden and Norway, and tobacco pouches.
She advocated for “a balanced regulation with science-based evidence” and pointed to the wealth of international data that could guide Malaysia’s strategy.
“There are already many data published from abroad that can be used to guide policymakers, while at the same time, guide strategic harm reduction for eligible populations,” she said.
Licensing, Lab Testing, and AI Enforcement
According to Dr Sharifa, Malaysia has yet to implement basic safeguards such as lab testing of e-liquids sold in the domestic market.
“It’s tricky, as Malaysia does not enforce e-liquid checks at the moment,” she said.
“Meaning that vape may not have proper nicotine concentration labelled, or may contain adulterated contents such as diacetyl, vitamin E acetate, or other contaminants – which may be sold to unknowing users.”
As such, Dr Sharifa suggested that licensed, specialised vendors could be a way forward.
She said these vendors should be trained not just to sell products but to provide behavioural support and motivation to smokers.
“Vape liquids need to be checked for safety and toxicology reports. Endorsement of certain labs to run these tests would greatly benefit users.
“At the same time, sellers must also adhere to strict rules, primarily against underage vaping,” she said.
To aid enforcement, Dr Sharifa proposed leveraging technology already in use abroad.
“The help of IT or AI – facial recognition, for instance – may assist in this. Australia also imposed strict nicotine use and limited prescriptions to trained doctors and pharmacists.
“But this is also not without unintended consequences – for example, mafia attacks on shops that sell vape to steal or control the products. There was an increase in the black market after that,” she said,
Communication and Public Literacy
Clarity in public messaging is another critical area, especially on issues as polarising as vaping.
Dr Sharifa said clear, consistent and evidence-based communication from public health authorities is crucial.
“It is important so as not to confuse the public. Many smokers may revert to cigarettes and, sadly, to illicit market tobacco that has worse quality checks and higher nicotine content,” she said.
This is especially relevant under Act 852 of the Control of Smoking Products for Public Health Act 2024, which prohibits the promotion of alternative nicotine products as safer than cigarettes.
While the law aims to protect consumers, Dr Sharifa said its execution needs refinement.
“Malaysia has imposed Act 852 since 2024, and this Act prevents the use or advocacy of ANP as safer than cigarettes. Hence, with this law – albeit well-intended – it is not properly implemented, and tobacco is still sold.
“Hence, risk-proportionate impacts of ANP use against traditional tobacco need to be discussed for certain groups of smokers, while at the same time preventing youth abuse,” she explained.
Dr Sharifa reiterated the importance of continued public education.
“Education on the risk of tobacco use needs to be continued, and getting smokers to quit tobacco is imperative.
“If they can stop smoking using NRT, then that’s good. But if not, they might find some use in using ANPs to stop smoking,” she said.
Economic and Enforcement Realities
Poor enforcement also has an economic cost.
Experts estimate that Malaysia could be losing up to RM5 billion in tax revenue due to unregulated and untaxed vape products on the black market.
Legitimate businesses, particularly among the B40 and bumiputera communities, are being unfairly affected by overregulation, while black market players continue to operate with impunity.
Consequently, with enforcement agencies overwhelmed by the challenges of policing an illicit market, implementing regulations emerges as the more judicious strategy.
As a result, criminal networks thrive under prohibition, leading to detrimental effects on public health, government finances, and consumer well-being.
