Vape products regulated under Act 852, says MOH amid confusion over licensing and enforcement
PUTRAJAYA, June 2 — The Ministry of Health (MOH) today reaffirmed its commitment to ensuring strict enforcement and control on the contents and emissions of all types of smoking products to safeguard public health and safety.
In a statement today, MOH clarified that the importation, manufacturing and distribution of e-cigarette liquids in the local market are strictly regulated under the Control of Smoking Products for Public Health Act 2024 [Act 852]
The ministry's Disease Control Division stated that the issuance of interim manufacturing licences for such devices falls under the jurisdiction of the Ministry of Investment, Trade and Industry (MITI), through the Malaysian Investment Development Authority (MIDA) under the Industrial Coordination Act 1975 and local authority by-laws.
MOH noted that under Section 2 of Act 852 and its accompanying regulations and orders, e-cigarette liquids are defined as smoking products and therefore strictly regulated.
The ministry also clarified that multiple government agencies are involved in regulating the e-cigarette industry in Malaysia, including the Royal Malaysian Customs Department, which oversees import controls under the Customs (Prohibition of Imports) Order 2008.
In addition, safety standard testing for devices is conducted by SIRIM and enforced under the Trade Descriptions (Certification and Marking of Electronic Cigarette Devices) Order 2022, under the Trade Descriptions Act 2011, by the Ministry of Domestic Trade and Cost of Living.
It stated that any decision regarding the import, manufacturing and distribution of e-cigarette liquids is a collective decision made by all relevant government agencies.
MOH issued the clarification following media reports on May 28 that U.S.-based vape and e-cigarette company Ispire Technology Inc. had been granted a temporary licence to operate in Senai, Johor. — Bernama
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