Introduction
The Control of Smoking Products for Public Health Act 2024 (Act 852) marks a decisive shift in Malaysia’s public health policy. It represents a progression from the previous regulatory framework, where smoking control was largely governed under the Food Act 1983 through the Control of Tobacco Product Regulations 2004. That earlier approach focused primarily on conventional cigarettes and treated tobacco as a regulated consumer product within a broader food and safety context.
Act 852 moves beyond this limitation by establishing a dedicated public health law for smoking and nicotine control, recognising that the current landscape includes not only cigarettes but also vaping, substitute tobacco products and evolving nicotine delivery systems. The Act came into operation on 1 October 2024, marking the transition to this new regulatory framework.
What distinguishes Act 852 is its recognition that nicotine use today is no longer confined to cigarettes. It therefore regulates not only products, but also delivery systems, access, environments and market behaviour.
The strength of the Act
A whole-system regulatory framework
The strength of Act 852 lies in its integrated, system-level approach. It regulates access and availability, including prohibition of online sales, vending machines and sales near educational institutions (Control of Smoking Products for Public Health (Control of Sale) Regulations 2024, P.U. (A) 260). It also regulates public exposure through the declaration of no-smoking areas covering healthcare facilities, eating premises and transport hubs (Control of Smoking Products for Public Health (Declaration of Non-Smoking Area or Place) Order 2024, P.U. (A) 257).
Risk perception is strengthened through packaging, labelling and the prohibition of misleading descriptors such as “light” or “mild” (Control of Smoking Products for Public Health (Packaging and Labelling) Regulations 2024, P.U. (A) 261). Market control is introduced through product registration, laboratory analysis and traceability (Control of Smoking Products for Public Health (Registration of Tobacco Product, Smoking Substance and Substitute Tobacco Product) Regulations 2024, P.U. (A) 262). Enforcement mechanisms are also strengthened through compounding of offences and structured notice procedures (Control of Smoking Products for Public Health (Compounding of Offences) Regulations 2024, P.U. (A) 259).
This multi-layered approach ensures that control is not limited to individual behaviour, but extends to the entire ecosystem.
Controlling nicotine and addiction
A defining feature of Act 852 is the direct regulation of nicotine, particularly for vape products. The law introduces measurable limits under the Packaging and Labelling Regulations 2024 (P.U. (A) 261, regulation 9):
- Maximum nicotine concentration of 35 mg/ml, reduced to 20 mg/ml from 1 October 2025
- Maximum cartridge or pod volume of 3 ml, reduced to 2 ml from 1 October 2026
This shifts policy from simply discouraging smoking to actively controlling addiction potential.
Regulating both cigarettes and vape
Act 852 is unique in that it regulates both combustible and non-combustible nicotine products within the same legal framework. Cigarettes are addressed as established harmful products to be reduced, while vape is regulated as a system comprising both device and content.
The content is tightly controlled through nicotine limits, packaging and product registration. The device is controlled indirectly through restrictions on sale, use and linkage to regulated substances.
Progress of enforcement
Scale of enforcement
The early phase of implementation demonstrates strong nationwide enforcement. Reported figures include:
- More than 25,000 enforcement operations conducted
- Nearly 500,000 premises inspected
- Over 140,000 notices issued
- More than 20,000 compounds issued to premises owners
- Thousands of products seized and investigation papers opened
These figures indicate that Act 852 is already being implemented at scale, with enforcement extending beyond pilot phases to a national level.
Enforcement across multiple domains
Enforcement is not confined to smokers alone, but spans multiple levels. Public smoking control is implemented particularly in restaurants, healthcare settings and public places, reflecting enforcement of no-smoking areas (P.U. (A) 257). Premises accountability is strengthened where owners must display warning signs and ensure compliance (Control of Smoking Products for Public Health (Warning Sign of Prohibition of Smoking) Regulations 2024, P.U. (A) 258).
Retail and supply control includes prohibition of online sales, vending machines and sales near educational institutions (P.U. (A) 260). Product regulation includes enforcement against non-compliant or unregistered products (P.U. (A) 262). Legal enforcement mechanisms include compounding and prosecution (P.U. (A) 259).
The pattern of enforcement suggests that behavioural enforcement is already strong and visible, retail and premises compliance is actively enforced, and product and vape-related regulation is emerging and will require continued strengthening.
Long-term impact and how to measure it
A nicotine-free generation
The most important long-term outcome is the prevention of nicotine dependence among future generations. This is supported by reduced access and restrictions on sales channels, especially online sales, vending machines and sales near educational institutions (P.U. (A) 260).
Denormalisation of smoking and vaping
The expansion of no-smoking areas and the requirement to display warning signs aim to reduce visibility and social acceptability of smoking and vaping (P.U. (A) 257; P.U. (A) 258).
Reduction in nicotine dependence
The explicit control of nicotine concentration and product volume is expected to reduce addiction intensity at the population level (P.U. (A) 261).
Elimination of misleading product perception
Strict packaging and labelling controls ensure that no product is perceived as safe or less harmful. This is particularly important for both cigarettes and vape, where descriptors and product design may create false reassurance (P.U. (A) 261).
A controlled product ecosystem
Registration and laboratory analysis ensure that products are traceable and regulated, reducing the presence of illegal or non-compliant products (P.U. (A) 262).
Measuring success
Success should be assessed through:
- Reduction in smoking and vaping prevalence, especially among youth
- Increase in age of initiation
- Reduction in exposure to second-hand smoke and aerosol
- Compliance with no-smoking areas and sales restrictions
- Reduction in illegal or non-compliant products
- Increase in quit attempts and utilisation of cessation services
- Long-term decline in tobacco-related disease burden
The role of other laws and organisations
Act 852 does not operate in isolation. Vape regulation in Malaysia requires a coordinated legal and institutional ecosystem because vape is not only a public health issue, but also a chemical product, an electronic device, a traded commodity and a digitally marketed item. As such, multiple laws and agencies contribute to its regulation across different domains.
Substance control
The Poisons Act 1952 (Act 366) historically regulated nicotine in liquid form as a controlled substance. While nicotine used in vape liquids has since been exempted to allow regulation under Act 852, the Poisons Act remains relevant for broader chemical control and for situations where substances may fall within pharmaceutical or toxicological oversight.
In addition, the Sale of Drugs Act 1952 and related regulations may apply if nicotine-containing products are positioned as therapeutic or smoking cessation aids. In such cases, these products would be subject to pharmaceutical standards and regulatory approval.
Importation and border control
The Customs Act 1967 (Act 235) plays a critical role in controlling the entry of vape devices and liquids into Malaysia. It enables enforcement authorities to:
- monitor importation of vape products and components
- seize undeclared, illegal or non-compliant products
- prevent smuggling and illicit trade
This is essential because a significant proportion of vape products are imported and may bypass domestic regulatory requirements without effective border control.
Consumer safety and product liability
The Consumer Protection Act 1999 (Act 599) governs product safety and liability. Vape devices, being electronic consumer products, fall within its scope. This Act is particularly relevant for:
- defective or unsafe devices
- battery failures, overheating or explosion risks
- consumer rights and compensation
While Act 852 regulates how vape is used and sold, the Consumer Protection Act ensures that the products themselves do not pose undue risk to users.
Trade, pricing and affordability
The Sales Tax Act 2018 (Act 806) and excise duty frameworks influence the pricing of vape products and tobacco. Pricing remains one of the most effective public health tools, particularly in reducing youth access and consumption.
In addition, the Trade Descriptions Act 2011 (Act 730) addresses false or misleading commercial claims. While Act 852 already prohibits misleading labelling for smoking products, this Act extends protection to broader marketing practices across commercial platforms.
Digital marketing and online content
The Communications and Multimedia Act 1998 (Act 588) regulates online content, advertising and digital communications. This is particularly relevant for vape products, which are often promoted through:
- social media platforms
- influencer marketing
- online retail channels
Control of digital exposure is essential, especially in protecting adolescents and young adults from targeted marketing.
Retail environment and local enforcement
Under the Local Government Act 1976 (Act 171), local authorities have powers over licensing and business premises. This allows them to:
- regulate the location and density of vape and tobacco retailers
- enforce local compliance with no-smoking areas
- support on-the-ground enforcement of Act 852
Local authorities therefore play a key role in translating national policy into community-level implementation.
Device safety and technical standards
Vape devices are electrical and electronic products, and their safety is not fully addressed under Act 852. This is where technical agencies play an important role.
The Standards of Malaysia Act 1996 (Act 549), through SIRIM, provides the framework for developing and enforcing technical standards. SIRIM can contribute by establishing standards for:
- battery safety and charging systems
- device construction and material safety
- quality assurance and manufacturing consistency
In addition, the Electricity Supply Act 1990 (Act 447), enforced by the Energy Commission, ensures compliance with electrical safety requirements for devices.
This technical layer is especially important for open-system devices, which are more variable and modifiable, and therefore present greater safety and regulatory challenges.
Integrated regulatory ecosystem
Taken together, these laws form a coordinated system:
- Act 852 – public health, access, use and nicotine control
- Poisons Act and Sale of Drugs Act – substance and therapeutic regulation
- Customs Act – importation and border control
- Consumer Protection Act – device safety and liability
- Trade and tax laws – pricing and commercial conduct
- Communications and Multimedia Act – digital marketing and exposure
- Local Government Act – retail environment and local enforcement
- SIRIM and technical laws – device standards and safety
The effectiveness of Act 852 therefore depends not only on its own provisions, but on how well these complementary laws and agencies work together to regulate the full spectrum of nicotine products.
In this context, vape regulation is best understood not as a single law issue, but as a multi-sector public health system requiring coordinated governance across health, trade, technology and enforcement domains.
Conclusion
Act 852 represents Malaysia’s transition from tobacco control under the Food Act framework to a dedicated, comprehensive nicotine control law. Its strength lies in regulating both products and systems, including measurable limits on nicotine exposure and comprehensive control of access, environment and market behaviour.
Its success will depend on sustained enforcement, coordination across agencies and complementary roles from technical bodies such as SIRIM. Over time, the impact will be reflected in reduced initiation, lower dependence, declining prevalence and ultimately a reduction in the burden of tobacco-related disease.