In a recent Al Jazeera documentary titled "Flavoured Toxins: The Rise of Vaping," shocking revelations have come to light regarding the sale of e-cigarettes to adolescents who are not smokers. The documentary showcases an undercover operation conducted by the international broadcasting network's 101 East programme, wherein a young buyer, resembling a teenager, visits six vape shops in Kuala Lumpur equipped with a hidden camera and microphone to expose the illegal sale of vapes to minors.
Selling to Minors: A Disturbing Reality
The video footage from the documentary captures vape shop employees blatantly selling e-cigarettes to the young woman without any verification of her age or identification to confirm that she is of legal age. Despite being informed by the undercover buyer that she is not a smoker and is trying vaping for the first time, these employees continue to sell her their products. To make matters worse, one of the shops even sells her a 10,000-puff vape device for RM36.
These 10,000-puff devices are typically aimed at regular vapers who consume them within a week or two, depending on their vaping habits. In the documentary, the seller casually recommends the device to the young buyer, stating, "You want to try the soft ones, I would recommend this one for a start. It's 10,000 puffs for RM36."
The Growing Trend of Vaping in Southeast Asia
The Al Jazeera documentary sheds light on the escalating vaping trend in Southeast Asia, particularly in Malaysia and Indonesia. Mohammad Nazeem Talib, the president of the E-Vaporizers and Tobacco Alternative Association Malaysia (MEVTA), acknowledges that e-cigarette products and vape shops have clear warnings against sales to minors. Vendors place an "18-year-old and above only" sticker in their shops, and the packaging explicitly states that these products are not meant for children. MEVTA has taken these steps voluntarily to demonstrate their commitment to regulation and urges the government to acknowledge their efforts.
However, despite claims of "self-regulation" by the Malaysian vape industry, local vape shops continue to sell e-cigarettes with nicotine content as high as five percent. This is significantly above the two percent cap imposed by countries that have already implemented vape regulations. Additionally, online platforms allow users to purchase vape products with nicotine levels reaching up to 12 percent, as previously reported by CodeBlue.
Loopholes and Lack of Regulations
The so-called "self-regulation" in the Malaysian vape industry was a response to concerns about the sale of vaping products to minors and potential health risks. The government's decision to remove liquid and gel nicotine from the Poisons Act 1952 effectively legalized the sale of nicotine vape to anyone in Malaysia, including minors under the age of 18. Currently, there are no specific regulations governing e-cigarettes in the country.
In a recent parliamentary session, the government failed to pass the Control of Smoking Products for Public Health Bill 2023, diverting it to a parliamentary special select committee after its first reading. Former Health Minister Khairy Jamaluddin, who had proposed the initial version of the tobacco bill, expressed his disappointment on Twitter. He stated that while there were previous enforcement efforts against vape sales, especially to minors, the lack of laws pertaining to vaping has created an unregulated environment, leading to rampant sales without consequences.
Misleading Practices and Targeting of Youths
According to CodeBlue reports, vape shops in the Klang Valley region actively target young people. Despite the presence of "18-year-old and above only" stickers and signs, they are often inconspicuously placed, making them easily missed by customers. Moreover, employees at these vape shops often assure new users that addiction is not a concern with e-cigarettes, claiming that their products are not harmful, unlike traditional cigarettes that contain tar and other harmful chemicals.
On the other hand, e-cigarette manufacturers from China have confessed to specifically targeting youths as young as 18. They accomplish this by designing their products to appear cool and fashionable. One manufacturer even mentioned that the older generation does not transition from conventional cigarettes to vaping. While most devices currently available in the Malaysian market appeal to young adults in their 20s, some Chinese manufacturers are introducing devices resembling toys, keychains, and even milk cartons with cute symbols to entice children.
Seeking Legal Recourse
In response to the delisting of liquid and gel nicotine from the Poisons Act, the Malaysian Council for Tobacco Control (MCTC), the Malaysian Green Lung Association (MGLA), and the child rights group Voice of the Children (VoC) have filed for a judicial review against Health Minister Dr. Zaliha Mustafa's decision. The MCTC, which comprises over 40 organizations, aims to challenge the legal classification of highly addictive substances and emphasizes that child health should not be neglected.
Dr. Zaliha, however, defended her decision by stating that the declassification of nicotine as a scheduled poison does not indicate neglect of child health by the Ministry of Health (MOH).
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FAQs
1. Are there any regulations against selling e-cigarettes to minors in Malaysia? Currently, Malaysia does not have specific regulations governing the sale of e-cigarettes to minors. The removal of liquid and gel nicotine from the Poisons Act 1952 effectively legalized the sale of nicotine vape to anyone in the country, including minors below 18 years old.
2. How are vape shops in Kuala Lumpur selling e-cigarettes to non-smoking adolescents? The Al Jazeera documentary uncovered that some vape shops in Kuala Lumpur sell e-cigarettes to non-smoking adolescents without verifying their age or identification. Despite being informed that the young buyers are not smokers, employees continue to sell them their products.
3. What is the extent of self-regulation in the Malaysian vape industry? The level of self-regulation within the Malaysian vape industry remains unclear. While the industry claims to self-regulate, local vape shops are still selling e-cigarettes with nicotine content up to five percent, surpassing the two percent cap set by countries that regulate vaping.
4. How are e-cigarette manufacturers targeting youths in Malaysia? E-cigarette manufacturers from China actively target youths as young as 18 by making their products appear cool and fashionable. Some manufacturers are even introducing devices that resemble toys, keychains, or milk cartons with cute symbols, which may appeal to children.
5. Is there any legal recourse against the sale of e-cigarettes to minors in Malaysia? Several organizations, such as the Malaysian Council for Tobacco Control (MCTC), the Malaysian Green Lung Association (MGLA), and Voice of the Children (VoC), have filed for a judicial review against the Health Minister's decision to delist liquid and gel nicotine from the Poisons Act. They aim to challenge the legal classification of highly addictive substances and highlight the importance of child health.
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