Regulate vape liquids containing nicotine, industry group urges govt

KUALA LUMPUR – Vape industry players have urged the government to expand its regulation of e-cigarettes and vaporisers to include vape liquids, as businesses and vendors continue to run the risk of criminal prosecution by selling popular nicotine-laced varieties.

Malaysia currently bans the sale of vape liquids that have nicotine as an ingredient, as products containing nicotine – outside of tobacco products – can only be supplied by medical professionals, according to the Poisons Act.

Anyone found flouting the law faces a fine of up to RM3,000, no more than one year in jail or both.

This long-standing issue leaves industry players in a difficult situation, as vape liquids containing nicotine account for the overwhelming majority of products sold locally, said Malaysia Vape Industry Advocacy president Rizani Zakaria.

“Approximately 97% of vape liquids in the market are with nicotine. Therefore, regulating vape liquids with nicotine must be a priority,” he said.

Rizani said the industry maintains high standards to ensure minors have no access to their products, but stressed that it would be better for the government to establish a regulatory framework to manage the sale of nicotine-laced vape liquids – something that they have been asking for since 2015.

The group’s call for vape liquid regulation follow an announcement last week by the government of a new rule requiring e-cigarette and vape manufacturers and importers to secure Sirim certification for each product sold in the country from August 3 onwards. If they fail to do so, they risk being slapped with hefty fines and possible jail time.

Certification for each device model is expected to cost around RM16,000, according to guidelines shared with The Vibes by Sirim QAS International, the agency responsible for granting certification.

Rizani said the industry will be hard-pressed to secure the necessary certification for devices sold under the new regulation, as he expects long queues of companies rushing to conduct testing and secure product certification at Sirim’s facility.

The Sirim certification standards also need to be updated, as they were developed sometime between 2018 and 2019, he said.

“Since then, vape devices have also changed and improved significantly, thanks to technology and innovation within the industry. Given this landscape, we believe authorities need to review and refresh the relevant standards to ensure Malaysia is in line with international practices.” – The Vibes, April 14, 2022