LETTER | Kudos to govt for prioritising public health over vape industry interests

LETTER | The Consumers’ Association of Penang (CAP) commends the government for implementing the Control of Smoking Products for Public Health Act 2024, effective Oct 1.

This progress comes despite a memorandum from five associations representing over 2,000 vape traders, urging amendments to the law in favour of the vape industry.

While the vape industry claims to be a significant revenue generator, this assertion pales in comparison to the enormous medical costs shouldered by taxpayers.

Furthermore, the industry’s appeal for discussions with the Finance Ministry, led by the prime minister raises concerns about Malaysia’s commitment to the World Health Organisation’s Framework Convention on Tobacco Control (WHO FCTC).

Under Article 5.3, governments are obligated to safeguard public health policies from the influence of commercial tobacco interests. Public health must take priority over commercial interests.

Same old tune

The vape industry’s rhetoric mirrors that of the tobacco industry, which is now heavily regulated under the WHO FCTC, adopted by over 90 percent of countries worldwide.

While vaping is marketed as a safer alternative and a tool for smoking cessation, these claims are often misleading and contribute to continued nicotine addiction.

This is reminiscent of the 1960s memo from Addison Yeaman, General Counsel of Brown & Williamson, which bluntly stated, “We are in the business of selling nicotine, an addictive drug.”

The vape industry’s tactics also target non-smokers and youth, luring them into a highly addictive habit. Prominent displays of vape products in stores, combined with attractive packaging, play a crucial role in influencing consumer behaviour while downplaying the health risks.

Research has shown that such marketing strategies encourage non-smokers and teens to start using these products, with dangerous long-term consequences. Vape liquids sold in larger volumes further promote frequent use, leading to higher nicotine intake and exposure to harmful chemicals found in the aerosol.

The Malaysia Retail Electronic Cigarette Association (MRECA) has called on the Health Ministry for a one-year phase-out period to sell off existing stock.

This echoes the tobacco industry’s response to the introduction of Pictorial Health Warnings in 2008, where companies sought grace periods of up to two years, citing significant costs and logistical concerns.

However, the ministry had already announced during World No Tobacco Day on May 31, 2008, that PHW would be implemented by January 2009, leaving no room for delay.

Serious public health concern

Vape traders have also argued that high registration fees and regulatory costs threaten their businesses. However, the government must place public health above the interests of these traders.

According to the National Health and Morbidity Survey 2022, the use of e-cigarettes and vapes among teenagers aged 13 to 17 rose from 9.8 percent in 2017 to 14.9 percent in 2022, even as smoking rates decreased.

The growing popularity of vapes among youths is a serious public health concern.

The economic case for the vape industry is further weakened by the rising healthcare costs related to vaping-related illnesses. Most affected individuals will likely seek treatment in public hospitals, exacerbating the strain on an already overburdened healthcare system.

Vaping can also cause workforce disruptions, reduced earnings, and financial hardship for families - costs the industry conveniently ignores.

Without strong legal measures, the cost of treating e-cigarette or vaping-associated lung injury (Evali) is expected to reach RM369 million annually by 2030.

Combined with other hidden costs, this will far exceed the RM500 million in annual revenue that vape taxes could generate. The then health minister Dr Zaliha Mustafa had pointed out that each Evali patient costs around RM150,000 to treat, with these expenses expected to rise in the coming years.

Do it gradually

MRECA president Adzwan Manashe has expressed that the industry is open to regulation but prefers a gradual approach. However, this reflects the same tactic tobacco companies used for decades - delaying meaningful regulations by exploiting legal loopholes.

Vape traders were aware from the start that their products, as nicotine delivery systems, would face stringent regulation or even bans due to their harmful effects. Accepting this risk was a calculated business decision.

The government must remain steadfast in its commitment to protecting public health and reject the vape industry’s attempts to influence policy for its own commercial interests.

CAP urges the government to uphold its obligations under the WHO FCTC and prioritise the health of the public over the profits of the vape industry.

In conclusion, CAP calls on the government to firmly reject the vape industry’s memorandum. The industry’s arguments, similar to those once used by the tobacco sector, are designed to mislead the public by presenting vaping as a safer alternative.

As vape use among Malaysian youth continues to rise, the health risks and economic costs far outweigh any potential financial benefits the industry might offer.

Public health must always take precedence.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.