CAP warns of creative tobacco industry to beat new laws

CAP says the new Tobacco Control Act must expand the definition of cigarettes beyond the present conventional description.

PETALING JAYA: A consumers’ association today welcomed news of a standalone Tobacco Control Act to replace current legislation on the matter but warned of “creative” measures by the industry to circumvent the new law.

The Consumers’ Association of Penang (CAP) said the traditional understanding of smoking would soon be “archaic” due to the tightening control of the World Health Organisation’s Framework Convention for Tobacco Control (FCTC).

“The way forward for the industry is to adopt brand and product extensions so that their products will not be within the definition of most countries’ tobacco control laws or the FCTC,” it said in a statement.

It called for the Tobacco Control Act to be formulated “beyond the definition of cigarettes, to include all tobacco-based products, products containing nicotine, or anything for use in the same manner as tobacco products, unless they are for medical purposes and prescribed by a doctor”.

On March 30, the health ministry said the Tobacco Control Act would be enacted in the near future although certain public places would still be made available for smokers to light up.

The government has already introduced a nationwide ban on smoking in public places including restaurants, which came into effect on Jan 1.

But CAP said the industry is aware that any legal amendments might take “months, if not years, to enact”.

It referred to the increase in “fanciful packs” following Malaysia’s ratification of the FCTC in 2005, noting initiatives such as the “flip pack”, the “button pack”, fruit-flavoured products, the inclusion of inserts, and the variety of sleeves, some of which it said were meant to conceal pictorial health warnings.

“Misleading descriptors such as ‘light’, ‘mild’, ‘low tar’, ‘premium’, and ‘full-flavour’ are banned on the packages.

“However, this did not deter tobacco companies from circumventing the ban with creative and fanciful names such as ‘Advance Hybrid’, ‘Double Burst’, and ‘Ice Blast’,” it said.

CAP also noted the introduction of alternatives such as “heat-not-burn” products which it said had been found unsafe.

“In fact, tobacco companies scrambled to quickly market similar products to beat the ever tightening control on conventional cigarettes,” it added.

It also urged the health ministry to plug all loopholes in the current Control of Tobacco Control Regulation and anticipate “how the tobacco industry will evolve in the future”. - FMT