Malaysia Download PDF

Nicotine is classified as a class C poison in Malaysia. The Ministry of Health regulates e-liquid that contains nicotine under the Poisons Act and Control of Drugs and Cosmetics Regulations (1984). The sale, distribution or importation of unlicensed nicotine-containing e-cigarettes is prohibited and nicotine-containing e-cigarettes can only be sold by licensed pharmacies or registered medical practitioners. The Malaysian states of Penang, Kedah, Johor, Kelantan and Terengganu have banned e-cigarettes entirely. Some states allow vaping, and sale of e-cigarettes - however there are individual state restrictions in others. Reportedly, the Malaysian authorities have coordinated mass raids across the country, seizing nicotine liquids and records of wholesalers. Heavy fines or prison terms have been threatened in some states if public place vaping restrictions are violated.
Selling e-cigarettes (containing nicotine) and control mechanisms
Sale of e-cigarettes
Allowed[1, 2, 3]
As medicinal products
Yes[1, 2, 3]
As consumer goods
Yes[1, 2, 3]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

General use and availability
Legal to use
Yes[1, 2, 3]
Legal to sell e-cigarette device
Yes[1, 2, 3]
Legal to sell nicotine
Yes[1, 2, 3]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

Health
Minimum age restrictions on sales
Yes 18+[1, 2, 3]
Legal restrictions on vaping in public places
Yes[1, 2, 3]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

Notes on methodology & limitations

Data has been collected from a range of sources which are openly available online, such as vaping information/regulation websites & direct from country's legislation where available. In a few instances information has been included which was received from individuals specialising in the field. The regulatory picture changes frequently and these tables show the situation at time of going to press. This website will be updated as/when new regulatory information is received. There are gaps in the data available - readers are invited to send in updated information to the GSTHR team.

Country News

  • Thursday, November 01, 2018
  • Hike in cigarette prices won't lead to more smokers turning to illicit cigarettes, says Health Minister

  • While cigarette prices will go up, it will not be so drastic as to make smokers turn to illicit cigarettes to satisfy their addiction, says Health Minister Datuk Seri Dr Dzulkefly Ahmad.

    "In our assessment, we are not only looking at increasing duties but also the effect of taxation on illicit cigarettes.

    "The lower income group will turn to illicit cigarattes if prices go up to a level where it becomes unaffordable to them," he said when replying a supplementary question raised by Wong Chen (PH-Subang) in Parliament on Wednesday (Oct 31).

     

  • Tuesday, October 16, 2018
  • No smoking rule in restaurants excludes vaping, deputy health minister says

  • Deputy Health Minister Dr Lee Boon Chye said [...] the new ban against smoking in public places and eateries will not be extended to vaping.

    He explained that under current laws, the authorities could only take action on vape products which contain nicotine.

    “Only vape which contains nicotine is considered illegal, but as for whether vaping of non-nicotine products is an offence or not, what I can tell is that, at the moment, there is no law against that,” he told [...]

  • Friday, August 31, 2018
  • Prices of cigarettes to go up after sales tax fixed at 10%

  • Sales and Service Tax (SST) for cigarettes has been gazetted at 10% as of Aug 29, and this will cause the prices of cigarette to increase.

    British American Tobacco (M) Bhd (BAT) managing director Erik Stoel said the company is concerned about the impact that the 10% SST will have on the cigarette industry, given the high incidence of illegal cigarettes.

     

    He urged the Government to re-consider an SST increase on tobacco products "in light of these high levels of illegal cigarette trade [...]