MVA warns vape ban uncertainty driving consumers to black market

KUALA LUMPUR: The Malaysian Vapers Alliance (MVA), a local advocacy group for vape consumers, has warned that ongoing uncertainty over vape regulations, from state bans to talk of a nationwide ban, is undermining the effective implementation of the Control of Smoking Products for Public Health Act 2024 (Act 852) and pushing consumers toward unregulated channels.

MVA president Khairil Azizi Khairuddin said the conversation has now shifted from state bans to a discussion of a nationwide ban.

“Still, the message from consumers is clear: prohibition, in any form, is not the answer. Our survey shows that Malaysians want responsible regulation under Act 852, which protects consumers and prevents the illegal market from growing,” he said in a statement.

The survey, conducted online with 641 respondents across Malaysia, found that awareness of Act 852 is already high, with 83% of respondents stating they are aware that it was implemented in October 2024.

Most consumers (68%) stated that they would prefer to purchase vape products that are approved and regulated by the government rather than from unregulated sources.

An overwhelming 74% expressed concern that bans would drive the growth of the illegal market, and 80% worried that such products could be lower quality or unsafe.

When asked about the impact of a ban, 65% said they do not support states or the federal government imposing prohibitions, and 67% said that enforcing Act 852 protects consumers better than a total ban.

These concerns are reflected in enforcement trends since Act 852 came into force.

“Between October 1, 2024, and June 30, 2025, the Ministry of Health (MoH) reported carrying out 15,775 operations, issuing 78,424 offence notices, and opening 524 investigation papers.

“Recent cases underscore the risks of the illegal market: a business in Titiwangsa was fined for online sales; Selangor police dismantled a syndicate selling drug-laced vape liquid worth more than RM5 million; and RM8.8 million worth of illegal vape products were seized in Pasir Mas during a roadside raid.

“These cases all involved unapproved devices and products that did not meet Malaysian standards, showing that non-compliant products originate from illegal operators, not legal businesses following the rules,” Khairil added.

At the same time, MoH data shows the immense pressure on legitimate businesses. Before Act 852 came into force, there were 3,200 brands of vape products in Malaysia.

Today, fewer than 400 brands remain.

“From 3,200 brands, only 390 have registered in less than a year. This collapse is driven by regulatory uncertainty.

“When the rules keep changing, legal players walk away, leaving consumers exposed to unregulated, unsafe products. A ban, whether state-wide or nationwide, will only make matters worse.”

“Act 852 already provides a solid national framework with strict protections for minors. What’s needed is consistent enforcement, clear direction, and collaborative problem-solving, not uncertainty that drives consumers underground,” Khairil concluded.

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