Malaysia’s U-turn on smoking ban slammed by doctors as ‘worst public health setback’

The Generation Endgame bill initially sought to create a smoke-free Malaysia by banning those born on or after January 1, 2007, from buying tobacco or vapes
The government this week instead tabled a watered-down version of the bill, sparking accusations it had caved into pressure by the tobacco lobby

Malaysia

Joseph Sipalan

Published: 5:00pm, 29 Nov 2023

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Health professionals decried a decision by Malaysia’s government to drop a generational smoking ban in a tobacco law up for debate from Wednesday, as a former minister accused the country of buckling to pressure from “Big Tobacco” despite the escalating health costs incurred by the nation’s near 5 million smokers.

Malaysia’s government had initially put together a Generation Endgame (GEG) Bill, which would have made it only the second nation in the Asia-Pacific region to drive through a law aimed at preventing future generations from smoking. The first country to follow that track – New Zealand – has however just moved to repeal its law passed last December, fearing a dent in tax intake.

Malaysia’s Health Minister Zaliha Mustafa instead on Tuesday tabled a revised version of the bill, removing provisions which would have made it illegal for individuals born on or after January 1, 2007, to buy and consume tobacco and smoking products such as vaporisers and e-cigarettes.

The move sparked outrage among health professionals, who accused the government of watering down the law under pressure from big tobacco firms and the vape industry.

The decision was “the worst public health setback in Malaysia’s history”, especially since the health ministry is led by a doctor, said NGO Papisma, a non-governmental organisation of medical professionals.

“Papisma urges citizens to voice their dissent against the bill in parliament through social media and communication with their respective MPs,” Papisma president Suhaini Kadiman said in a statement late on Tuesday, adding the generational ban was “critical” to protect the country’s youth from the hazards of tobacco and vapes.

But shares for British American Tobacco (BAT) Malaysia, the only one out of the three major tobacco firms operating in Malaysia listed on the local bourse, rose by as much as 4.8 per cent during trading on Tuesday after the revised tobacco bill was tabled.

Malaysia’s health minister said the GEG provisions were removed as there were legal loopholes that could be challenged in court. Photo: AFP

Prime Minister Anwar Ibrahim’s administration put the GEG bill under review and twice postponed tabling it after resistance from businesses and lawmakers concerned over the potential drop in revenue and constitutionality of the move.

Malaysia earned about 3.47 billion ringgit (US$743 million) in taxes on cigarettes and tobacco products in 2021, according to the government’s latest data, a little more than a third of the 9.65 billion ringgit annual bill estimated by the health ministry and World Health Organization to treat cardiovascular disease, diabetes and cancer in the country.

The attorney general on November 18 said it would be unconstitutional to impose the ban as it creates “unequal treatment before the law” for people born before and after the January 1, 2007 cut-off date.

Health Minister Zaliha Mustafa. Photo: Shutterstock

Health Minister Zaliha echoed the attorney general’s position, saying the GEG provisions were removed as there were legal loopholes that could be challenged in court.

Former health minister Khairy Jamaluddin, who tabled the original bill last year, said the argument over the constitutionality of the provisions was “some lame excuse”.

“No, GEG was dropped because of the strong lobby from Big Tobacco,” Khairy said in a post on Instagram. “This is not over. One day, public health will win.”

The Pan-Malaysian Islamic Party (PAS), which holds the largest share of parliament’s 222 seats, also accused the government of lacking the political will to pursue its promised reforms.

“My condolences, Malaysia, we have missed the opportunity to end addiction to nicotine for our new generation,” said Mazri Yahya, the deputy head of PAS’ health committee, in a statement on Wednesday.

Zaliha told a media briefing on Tuesday that Khairy’s claim of a big tobacco lobby was his “personal view”, adding that the GEG provisions were “just put aside” and could be implemented in future.

Views among a public with a large number of smokers appeared to direct anger at the government, with some urging opposition MPs to do everything in their power to pressure the government to restore the GEG provisions.

“Attack the government like there is no tomorrow … this is a jihad against cigarette tycoons!” read a Facebook post by Nasiruddin Ayup.