Tobacco Asia

July/August 2025 - Vol 29-No 4

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26 tobaccoasia Issue 4, 2025 July / August being phased down (new limit 35mg/ml, dropping to 20mg/ml by 2025). Health minister Dr. Dzulkefly Ahmad told media recently that laws "are never static" and could be tightened if needed. Civil society groups are pushing for a full ban, but Dzulkefly noted that enforcing the current law (and possible state or local measures) is the priority. There have also been reports that multiple Malaysian states have moved to ban the sale of vaping products. The move marks a significant regional pushback against the rapidly expanding legal vape market. To date, four Malaysian states — Johor, Terengganu, Kelantan, and Perlis — have either enacted or will soon enact policies that effectively ban retail vape sales by refusing to issue business licenses. Meanwhile, three other states — Kedah, Penang, and Selangor — are currently considering similar measures. The state bans stop short of criminalizing possession or use; howev- er, they severely limit legal retail access to vaping products. Thailand All vaping products remain completely banned. Thailand outlawed e-cigarettes (including nicotine- free vapes and heated tobacco sticks) years ago. Current laws treat possession of vapes as a Cus- toms offense: anyone with vaping devices can be prosecuted for handling "smuggled" goods. The latest enforcement (2024) action warned tourists and locals that possession can lead to up to five years' prison or fines four times the device's value. Dealers and importers face even harsher penalties: up to 10 years' imprisonment or large fines (as per the Customs Act). The government's policy is zero tolerance. Thailand even launched an aggressive new program that rewards citizens who report instances of e-cigarette use. Authori- ties believe that increasing public involvement can serve as an effective deterrent against e-cigarette use, particularly in areas where traditional enforce- ment methods may fall short. Vietnam On January 1, Vietnam imposed a complete ban on e-cigarettes and HTP. The National Assembly in late 2024 passed Resolution 173/2024, mandat- ing total prohibition of e-cigarettes and HTP from 2025. All sales, imports, advertising, and use of vaping devices will be illegal. Under the new rules, anyone caught using or possessing vapes faces fines and penalties: users may be fined up to about VND2 million (US$79), while those importing, trading, or producing vape products can face fines up to VND3 billion or 15 years in prison, depend- ing on quantity. Those caught bringing a vape into Vietnam (including tourists) will also be fined at checkpoints. Philippines Vaping is legal and regulated under the 2022 Vape Regulation Act (RA 11900) in the Philippines, with rules enforced from mid-2024. The law covers both nicotine and non-nicotine vaping products and also HTP. Key provisions include a minimum age of 18 for all vapor products, mandatory reg- istration of every vape and HTP brand, and strict packaging requirements. The implementing regu- lations (issued in 2024) require full graphic health warnings on packs and forbid sales or promotions within 100 meters of schools. Vaping is banned in public spaces. Importers and manufacturers must affix official tax stamps to all vapor products. Fines for violating RA 11900 are steep: man- ufacturers or retailers selling non-certified prod- ucts can be fined PHP2-5 million (US$36,000– $90,000) and lose their licenses. The Department of Trade and Industry (DTI) set up a special of- fice (OSMV) to oversee vapes and novelties. DTI secretary Fred Pascual warned businesses against "illegal acts of trading illicit vapes," noting that violators will be prosecuted. Singapore E cigarettes and heated tobacco products are com- pletely illegal in Singapore. Since 2018 all electronic nicotine devices are banned for use, sale, or import. Under the Tobacco (Control of Advertisements and Sale) Act, anyone convicted of selling, offering or im- porting vapes faces up to SGD10,000 (US$7,500) fine and/or up to 6 months' imprisonment for a first offense; repeat offenders can be fined up to SGD20,000 and jailed up to 12 months. Nicotine liquids were exempted from Malaysia's Poisons Act in 2023. Credit: Hamza Awan, Pexels.

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