Consumer group urges stronger enforcement, coordination to make Act 852 work

 

THE Consumer Choice Centre (CCC) has called on the government to focus on stronger enforcement, closer inter-agency coordination and greater investment in local research to ensure the successful implementation of the Control of Smoking Products for Public Health Act 2024 (Act 852).

Its report, “The Effectiveness of Act 852 Implementation and the Way Forward”, has been submitted to the Prime Minister’s Office, the Health, Finance, Home Affairs, Domestic Trade and Cost of Living, and Investment, Trade and Industry Ministries, as well as Members of Parliament.

The report is based on discussions from a multi-stakeholder roundtable involving representatives from government agencies, academia, the media, industry associations, policy institutes and civil society.

According to the report, Malaysia already has a comprehensive legislative framework under Act 852.

The priority now should be ensuring effective implementation by strengthening enforcement against illicit tobacco and vape trade, improving regulatory certainty, enhancing institutional coordination and expanding the country’s evidence base for future policymaking.

The report identifies illicit tobacco and vape trade as the biggest obstacle to the Act’s effectiveness, citing weak border controls, fragmented enforcement, inconsistent regulatory implementation and the growing involvement of organised criminal syndicates.

Among its recommendations are the establishment of a permanent inter-ministerial steering committee, harmonised licensing frameworks across local authorities, stronger border enforcement, improved product testing and traceability, increased funding for Malaysian research, and school-based clinical smoking cessation referral pathways for young nicotine users.

Senior Policy Analyst at the Consumer Choice Centre Bill Wirtz said countries with successful tobacco and nicotine regulation have prioritised effective implementation rather than introducing increasingly restrictive legislation.

“International experience demonstrates that legislation alone is never enough. Effective enforcement, regulatory certainty and institutional coordination are what determine whether public health objectives are actually achieved,” he stated.

Public health expert Prof Dr Sharifah Ezat Wan Puteh, who served as the lead discussant at the roundtable, said Malaysia should strengthen its domestic research capacity to support future policymaking.

“Malaysia needs to invest in high-quality local research on smoking behaviour, vaping, illicit markets and harm reduction. Policies will be more effective when they are informed by Malaysian data that reflects our own social, economic and regulatory realities,” she noted.

Meanwhile, Tarmizi Anuwar, Malaysia Country Associate at the Consumer Choice Centre and the report’s author, said implementing Act 852 requires a whole-of-government approach.

“The Health Ministry cannot implement Act 852 alone. Strengthening coordination across ministries will improve enforcement, reduce regulatory fragmentation and help ensure the Act delivers its intended public health outcomes,” he stressed.

The report concludes that Malaysia should move beyond legislative debates and focus on building an implementation framework that is predictable, evidence-based and responsive to evolving public health and enforcement challenges. ‒  Focus Malaysia