Parents and educators are concerned because teenagers can readily purchase vapes and e-cigarettes online.
The Malaysian Medical Association (MMA) has advised parents who have seen harm from vaping or e-cigarettes in children under the age of eighteen to think about suing the government.
The MMA president, Dr. Azizan Abdul Aziz, made this call for legal action in a statement released last night, citing the government’s inability to sufficiently safeguard the public’s health, particularly that of the youth, from the health risks associated with vaping.
“We request parents of children who have been impacted by the use of e-cigarettes or other vaping products to think about suing the government for breaking legal advice and for ignoring its responsibilities to sufficiently safeguard citizens, particularly young ones, against the health risks associated with vaping,” Dr. Azizan stated.
She said that the association demands that the government immediately re-list nicotine gels and liquids as a controlled substance under the Poisons Act 1952 following its decision to decouple the Generational End Game (GEG) from the Control of Smoking Products for Public Health Bill 2023.
She said the Health Ministry should demonstrate leadership by facilitating the swift passage of the Bill for the stringent regulation of the smoking and vaping industry.
Instead, Dr Azizan said there have been continuous delays and impediments, largely instigated by the government itself.
She said that such a crucial bill had undergone extensive review during the transition of governments, yet the government now cites constitutional concerns.
“Did they only determine last week that the GEG is ‘unconstitutional’ and ought to be kept apart from the Bill? The government was given months to thoroughly research the Bill from every angle.
From the previous administration to the current one, this bill has been discussed. Any ministry would have sought the opinions and advice of their legal counsel or even the Attorney-General’s Chambers (AGC) prior to introducing such a significant bill in Parliament, she said.
Since the government’s recent claims that the GEG is “unconstitutional” matched with the scheduled October 10th second reading of the Bill, Dr. Azizan said, it is reasonable to suspect that this is just another attempt at delay and to wonder what the government’s actual goals are.
She said thus far, the government’s actions have primarily only benefited the vape industry.
She added that due to the government’s decision to remove nicotine from the Poisons Act, e-cigarette and vaping products, even those containing nicotine, can now be legally sold to children of any age.
She said in June this year, Health Director-General Datuk Dr Muhammad Radzi Abu Hassan had stated that 17 cases related to e-cigarette or vaping use-associated lung injury (EVALI) were reported in that month alone.
Teenagers can easily buy vapes and e-cigarettes online, causing worry for parents and teachers.
The English daily found that these products, which typically cost less than RM40, are offered for sale on well-known e-commerce websites as well as the websites of individual vape sellers.
The report claims that buyers are not asked if they are 18 years of age or older, and there are no age restrictions.
According to NV Subbarow, an anti-smoking activist with the Consumers Association of Penang (CAP), teachers have complained about finding and seizing vaping devices from their students.
“Things are now getting out of control. Students keep their vapes inside their bags. Many have admitted that they bought them online,” the CAP senior education officer was quoted as saying.
