Malaysia

COMMENTS: The Control of Tobacco Product Regulations 2004 were issued under the Food Act 1983 and regulate, among other things, smoke free environments; tobacco advertising, promotion and sponsorship; and tobacco packaging and labeling. Please note that the files uploaded contain the regulations in both the original language and an English translation.

COMMENTS: The Control of Tobacco Product (Amendment) Regulations 2008 amend the Control of Tobacco Product Regulations 2004. The amendments introduced new and larger health warnings containing graphic images, and a ban on tobacco product packaging misleading terms and descriptors that suggest one brand is less harmful than another.

COMMENTS: The National Kenaf and Tobacco Board Act requires retail licenses to sell tobacco products.

COMMENTS: The Control of Tobacco Product (Amendment) (No. 2) Regulations 2009 amend the Control of Tobacco Product Regulations 2004. The amendments tightened the rules on tobacco advertising, promotion and sponsorship and prohibit, among other things, the use of discount pricing to promote cigarettes.

COMMENTS: The Control of Tobacco Product (Amendment) Regulations 2010 amend the Control of Tobacco Product Regulations 2004. The amendments prohibit smoking in air conditioned workplaces, among other things.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only. The files uploaded contain the regulations in both the original language and an English translation.

COMMENTS: The Declaration of Non-Smoking Area 2011 identifies seven buildings and places that are smoke free as declared by the Minister of Health. The files uploaded contain the declaration in both the original language and an English translation.

COMMENTS: This law has not yet been reviewed by our legal staff. An updated review is forthcoming.

COMMENTS: The Control of Tobacco Product (Amendment) Regulations 2012 contain amendments to the Control of Tobacco Product Regulations 2004 related to the duties of the owners/occupiers of smoke free premises or vehicles with regard to “no smoking” signs and establishes the contents of the signs. The amendments also insert a provision outlining the Minister of Health’s authority to designate additional places as non-smoking. The files uploaded contain the amendments in both the original language and an English translation.

COMMENTS: The Declaration of Non-Smoking Area 2012 identifies seven buildings and places that are smoke free as declared by the Minister of Health. The files uploaded contain the declaration in both the original language and an English translation.

COMMENTS: The Control of Tobacco Product (Amendment) Regulations 2013 contain amendments to the Control of Tobacco Product Regulations 2004 on the subjects of smoke free places; specific forms of tobacco advertising, promotion and sponsorship; health warnings and other features of packaging and labeling; among other things. The files uploaded contain the amendments in both the original language and an English translation.

COMMENTS: The Declaration of Non-Smoking Area 2014 (P.U.(B) 312) identifies five buildings and places that are smoke free as declared by the Minister of Health. The files uploaded contain the declaration in both the original language and an English translation.

COMMENTS: The Declaration of Non-Smoking Area 2014 (P.U.(B) 313) identifies two recreational parks that are smoke free as declared by the Minister of Health. The files uploaded contain the declaration in both the original language and an English translation.

COMMENTS: The Control of Tobacco Product (Amendment) Regulations 2014 contain several amendments to the principal regulations. The files uploaded contain the declaration in both the original language and an English translation.

COMMENTS: The Declaration of Non-Smoking Area 2015 identifies an additional area that is smoke free as declared by the Minister of Health. The files uploaded contain the declaration in both the original language and an English translation.

COMMENTS: The Control of Tobacco Product (Amendment) Regulations 2015 contain several amendments to the principal regulations, including prohibiting the sale of tobacco products via the internet. The files uploaded contain the declaration in both the original language and an English translation.

COMMENTS: The Control of Tobacco Product (Amendment) (No. 2) Regulations 2015 amends the definition of “smoking” contained in the Control of Tobacco Product Regulations 2004. The files uploaded contain the declaration in both the original language and an English translation.

COMMENTS: The Control of Tobacco Product (Amendment) Regulations 2017 contain several amendments to the principal regulations, primarily related to expanding the number of outdoor public places where smoking is prohibited. The files uploaded contain the regulations in both the original language and an English translation.

COMMENTS: The Control of Tobacco Product (Amendment) Regulations 2018 contain amendments prohibiting smoking in any eating place or air-conditioned shop. The files uploaded contain the regulations in both the original language and an English translation.

COMMENTS: The Control of Tobacco Product (Amendment) Regulations 2020 contain amendments to the Control of Tobacco Product Regulations 2004 regarding sales restrictions and key terms. The files uploaded contain the regulations in both the original language and an English translation.

COMMENTS: The Control of Tobacco Product (Amendment) Regulations 2021 contain several amendments to the Control of Tobacco Product Regulations 2004. Notably, the amendments require health warnings on unit packages of tobacco products other than cigarettes. The files uploaded contain the regulations in both the original language and an English translation.

COMMENTS: The Control of Smoking Products for Public Health Act 2024 is the principal law governing tobacco control in Malaysia. The Act is comprehensive, covering topics including, but not limited to: definitions of key terms; advertising, promotion and sponsorship; sales to minors; packaging and labeling; and enforcement and penalties. The Act also authorizes the Minister of Health to make the appropriate regulations for the purposes of carrying into effect the provisions of the Act.  The Act entered into operation on October 1, 2024, in accordance with the Appointment of Date of Coming into Operation issued by the Minister of Health.  The law available here is in English only. 

This law has not yet been reviewed by our legal staff. An updated review is forthcoming.  

Comments: The Control of Smoking Products for Public Health Act 2024 - Appointment of Date of Coming into Operation established the effective date for the Act as October 1, 2024. The uploaded files are in both English and Malay.

COMMENTS: The Control of Smoking Products for Public Health (Declaration of Non-Smoking Area or Place) Order 2024 sets out areas and places where smoking is prohibited.  The uploaded files are in both English and Malay.  

This law has not yet been reviewed by our legal staff. An updated review is forthcoming.

COMMENTS: The Control of Smoking Products for Public Health (Warning Sign of Prohibition of Smoking) Regulations 2024 establishes the requirements for warning signs prohibiting smoking. The uploaded files are in both English and Malay.  

This law has not yet been reviewed by our legal staff. An updated review is forthcoming.

COMMENTS: The Control of Smoking Products for Public Health (Compounding of Offences) Regulations 2024 identifies which offenses under the Control of Smoking Products for Public Health Act 2024 may be compounded and the procedure for compounding offenses. The uploaded files are in both English and Malay.  

This law has not yet been reviewed by our legal staff. An updated review is forthcoming.

COMMENTS: The Control of Smoking Products for Public Health (Control of Sale) Regulations 2024 establish certain measures for the sale of tobacco products, smoking substances and substitute tobacco products, including prohibiting the online sale of the products and their sale from specific locations. The Regulations also prohibit the retail display of the sale of tobacco products, smoking substances and substitute tobacco products, except in specialty shops. The uploaded files are in both English and Malay.

This law has not yet been reviewed by our legal staff. An updated review is forthcoming.

COMMENTS: The Control of Smoking Products for Public Health (Registration of Tobacco Product, Smoking Substance and Substitute Tobacco Product) Regulations 2024 establishes the procedure for registering these products. The uploaded files are in both English and Malay.

This law has not yet been reviewed by our legal staff. An updated review is forthcoming.

COMMENTS: The Control of Smoking Products for Public Health (Packaging and Labelling) Regulations 2024 establishes packaging and labeling requirements for certain tobacco products and smoking substances, including required health warnings.

This law has not yet been reviewed by our legal staff. An updated review is forthcoming.