Revised smoking products bill proposes jail time, fines for tobacco ad violations

KUALA LUMPUR – The newly tabled Control of Smoking Products for Public Health Bill 2023 will regulate the advertising of tobacco products, smoking substances, and their substitutes with jail time and fines.

Section 7 of the bill tabled for first reading in Parliament today prohibits a person from publishing or facilitating another person to publish advertisements on tobacco products, smoking substances, or substitutes.

As such, brand names and trademarks relating to the aforementioned products are prohibited as well. 

Advertisements that contain offers or invitations for people to purchase tobacco products, or those that are intended to encourage smoking, are also prohibited from being published.

This includes promoting such products as “quit smoking products”, or any other goods that are associated with tobacco products, smoking substances, or substitutes.

Individuals found breaching any of the aforementioned prohibitions in the section for the first time will be liable to jail time of up to one year, a fine amounting to RM20,000, or both, upon conviction.

A fine not exceeding RM30,000 or imprisonment of up to two years, or both, will be imposed for subsequent offences. 

For corporations, the fines are set between RM20,000 and RM100,000 or imprisonment of up to two years, or both, for a first-time offence. Subsequent offences result in a fine ranging from RM50,000 to RM300,000, jail time not exceeding three years, or both.

Additionally, sponsorships of tobacco products or advertisements for their imitations are also prohibited.

This includes accepting or giving any sponsorships and rewards, as well as organising any events that revolve around such products.

While the new bill does not specifically mention vape or e-cigarettes, the bill’s interpretation section states that “smoking” shall mean “inhaling and expelling the smoke or vapour of any tobacco product or substitute tobacco product, and includes the holding of or control over any tobacco product or substitute tobacco product that is ignited, heated, vaporised, or used in any other method.”

It also defines “substitute tobacco product” as one that “is capable of being smoked, whether with or without smoking substance” and clarifies that references to “smoking products” in the bill “shall be construed as a reference to tobacco products, smoking substances, or substitute tobacco products”.

Earlier today, Health Minister Dr Zaliha Mustafa tabled the revised bill for the first reading in the Dewan Rakyat.

It excluded the Generational Endgame provisions but kept controls on vape and e-cigarettes, while also closing loopholes in the existing legislation on smoking products. – November 28, 2023