8 Months After Act 852: Why Malaysia Can't Measure Vape Law Success

Public health experts at a tobacco control symposium hosted by the Galen Centre for Health and Social Policy have warned that Malaysia lacks the empirical infrastructure to measure the behavioral impact of Act 852. Eight months after the Control of Smoking Products for Public Health Act 2024 came into force on October 1, regulators remain unable to verify if the legislation is actively reducing tobacco and nicotine dependency.

While the Ministry of Health (MOH) has reported active enforcement and visible reductions in public smoking, academics argue that policy success must be backed by rigorous data rather than casual observations. Without structured tracking mechanisms, the long-term efficacy of the legislation remains speculative.

The Critical Need for Empirical Impact Metrics

During the symposium, Prof Dr Lokman Hakim Sulaiman, deputy vice chancellor of research at IMU University, stressed that relying on anecdotal evidence weakens the credibility of tobacco control policies. He argued that the government must establish reliable, continuous mechanisms to track behavioral shifts among the public.

“Everybody can say anything,” Dr Lokman observed. “The Ministry of Health can say we have done a lot of enforcement, and the minister can say they see fewer people smoking. But we have to be very convincing. If you really want to make sure that the Act has an impactful outcome, we need to have a means of measuring those impacts.”

According to Dr Lokman, key indicators that require immediate, systematic tracking include:

Daily and monthly smoking cessation inquiries at public clinics.
Self-reported quit attempts among various age demographics.
Youth uptake rates of both conventional cigarettes and e-cigarettes.
Retailer compliance rates regarding point-of-sale display bans.

Divergent Trends: Traditional Smoking vs. Vaping

Evaluating the success of Act 852 requires understanding Malaysia’s existing tobacco baseline. Prof Dr Jamalludin Ab Rahman, campus director of the International Islamic University Malaysia’s Kuantan campus, noted that the country’s smoking dynamics were already shifting prior to the law’s introduction.

Historical survey data reveals a clear divergence: while traditional cigarette use has experienced a slow decline over the past decade, vaping and e-cigarette usage have risen sharply, particularly among younger demographics.

Product Category	Historical Prevalence (Year)	Recent Prevalence (Year)	National Trend Direction
Conventional Cigarettes	23.0% (2015)	19.0% (Recent)	Declining
Vapes & E-Cigarettes	3.2% (2016)	5.6% (Recent)	Rising

Dr Jamalludin cautioned that meaningful public health outcomes, such as a reduction in cardiovascular diseases and chronic respiratory illnesses, will take years to manifest. He urged the MOH to begin collecting targeted data immediately to ensure that researchers in 2035 can accurately measure the law’s decade-long impact.

Read more: Malaysia’s Online Vape Ban Drives Market into “Digital Speakeasies”

Standardizing Clinical Counseling and Vape Messaging

While macro-level behavioral data remains scarce, healthcare professionals on the ground report that Act 852 has significantly improved clinical interactions. The law’s unified regulatory treatment of conventional tobacco and e-cigarettes has simplified public health messaging.

Fahmi Hassan, head of the Clinical Pharmacy Section at Hospital Tengku Ampuan Rahimah Klang (HTAR) in Selangor, explained that prior to the Act, patients frequently viewed vaping as a safe, federally unregulated alternative to smoking. This perception severely hindered smoking cessation counseling.

“Before the Act, it was a little bit hard to make patients see that vape is as dangerous as cigarettes,” Fahmi said. “Now, the law provides a standardized platform so that we can clearly state vape is just as harmful as conventional cigarettes.”

Fahmi also observed a shift in the physical devices patients bring to clinics. Prior to the implementation of Act 852, users frequently carried highly customized, unregulated mods filled with liquids of unknown chemical concentrations. Today, patients are increasingly using standardized, commercially packaged products that comply with newly enforced nicotine limits.

Youth Exposure and the Threat of “Mushroom” Vapes

Despite these clinical improvements, youth vaping remains a critical challenge. School-based intervention programs funded by the Selangor government have revealed that nicotine exposure and vape culture are reaching children far earlier than previously estimated.

During educational outreach sessions, Fahmi’s team discovered that secondary school students are already highly knowledgeable about illicit, dangerous vaping products. In one instance, a Form One student (typically 13 years old) questioned educators about “mushroom vapes”—devices laced with the synthetic narcotic etomidate.

“The scary part is that we weren’t even talking about narcotics, but a young boy raised his hand to say his friend smoked mushroom vape,” Fahmi shared. “They already have the information and they know where to buy these illegal products. This is why school interventions must be far more frequent and comprehensive.”

Fahmi argued that schools must move beyond purely disciplinary measures, such as suspension, and instead establish formal referral pathways. Under this model, students caught vaping would be referred to clinical pharmacists for professional nicotine addiction treatment, with active parental involvement.

Read more: Malaysia Consumer Group Pushes for Vape Regulation, Not Ban

Enforcement Hurdles and Industry Loopholes

The symposium also addressed the severe operational bottlenecks hindering the enforcement of Act 852. With thousands of dining establishments and retail outlets nationwide, health ministry inspectors face chronic manpower shortages.

To resolve this, Dr Lokman proposed leveraging digital technology to crowdsource enforcement. He suggested placing unique QR codes linked directly to the MOH’s JomLapor reporting platform on every restaurant table in the country.

“We cannot expect enforcement officers to check every premise; that is unrealistic,” Dr Lokman said. “If every table has a QR code, smokers will be mindful of it, and patrons can instantly snap a photo and report violations. This bypasses our manpower limitations.”

Furthermore, experts warned that the tobacco and vape industries are actively exploiting regulatory loopholes to maintain product visibility. While the retail display ban successfully protects “nicotine-naive” children from seeing vape products, physical stores continue to find workarounds.

Fahmi pointed out that vape shops are frequently permitted to operate directly adjacent to tuition centers and schools, sparking curiosity among children. Additionally, convenience stores have begun deploying dedicated, mobile brand promoters inside their premises to bypass the ban on static product displays.

“We are back to the old days where cigarette promoters walked around stores, except now they are actively pushing heated tobacco devices,” Fahmi warned. “These are the exact loopholes that industry players are exploiting right now.”

Reference: Eight Months After Act 852, Experts Still Can’t Tell If Smoking And Vaping Behaviours Are Changing

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.