Malaysia

Malaysia became a Party to the WHO Framework Convention on Tobacco Control on December 15, 2005.

Smoke Free Places

Smoking is prohibited in a list of specified types of indoor workplaces and public places. Although the list is comprehensive, some types of places are not included, namely: non-air conditioned shops, casinos, guest rooms of hotels, and designated smoking areas in airports. Smoking is prohibited on all public transport. Smoking is prohibited in outdoor premises of specified types of public places; in rest and recreation areas; public parks; observation towers, camp sites, and canopy bridges in state and national parks; and outdoor restaurants. Sub-national jurisdictions may enact smoke free laws that are more stringent than the national law.

Tobacco Advertising, Promotion and Sponsorship

Virtually all forms of tobacco advertising and promotion are prohibited, except for tobacco product display at specialty tobacco stores. However, due to the lack of definition of “tobacco promotion” in the law, some forms of tobacco promotion may not be covered under the ban. All forms of tobacco sponsorship are prohibited.

Tobacco Packaging and Labeling

One of six combined picture and text health warnings must occupy 65 percent of the front and 65 percent of the back of unit packages and cartons of all smoked and smokeless tobacco products. The text of the warning is in Malay on the front panel and English on the back panel. Misleading packaging and labeling, including terms such as “light”, “ultra light”, “mild”, and “cool” and other signs, is prohibited.

Cigarette Contents and Disclosures

The law does not grant the authority to regulate the contents of cigarettes. The law requires that manufacturers and importers disclose to government authorities’ information on the contents and emissions of their products.

Sales Restrictions

The law prohibits the sale of tobacco products via vending machines, the internet, small packets of cigarettes, and single cigarettes. The law also prohibits the sale of tobacco products in educational institutions and in “roads, stalls or markets that are temporary in nature.” The sale of tobacco products is prohibited to persons under the age of 18.

E-Cigarettes

E-cigarettes are subject to the same regulations as tobacco products, including regulations on smoke free places; advertising, promotion and sponsorship; packaging and labeling; contents and emissions disclosure; and sales restrictions.

Heated Tobacco Products

Heated tobacco products are subject to the same regulations as tobacco products, including regulations on smoke free places; advertising, promotion and sponsorship; packaging and labeling; contents and emissions disclosure; and sales restrictions.

Roadmap to Tobacco Control Legislation

The Control of Smoking Products for Public Health Act 2024 is the primary piece of tobacco control legislation regulating, among other things, smoke free environments; tobacco advertising, promotion and sponsorship; tobacco packaging and labeling; sales restrictions, content and emissions regulation and disclosure. The Act regulates all smoking products, including tobacco products, smoking substances, and substitute tobacco products, and therefore, it regulates e-cigarettes and heated tobacco products as well as traditional tobacco products. Numerous regulations have been issued under the Act. Of particular importance for purposes of this analysis are: 1) Control of Smoking Products for Public Health (Registration of Tobacco Product, Smoking Substance and Substitute Tobacco Product) Regulations 2024, 2) Control of Smoking Products for Public Health (Packaging and Labelling) Regulations 2024, 3) Control of Smoking Products for Public Health (Warning Sign of Prohibition of Smoking) Regulations 2024, 4) Control of Smoking Products for Public Health (Control of Sale) Regulations 2024, and 5) Control of Smoking Products for Public Health (Declaration of Non-Smoking Area or Place) Order 2024. 

The Control of Smoking Products for Public Health Act 2024 and its implementing regulations replace the previous Control of Tobacco Product Regulations 2004 (and amendments) that were issued under the Food Act of 1983.

Review Status

This country’s legal measures were reviewed by our legal staff. No in-country lawyers or tobacco control experts reviewed our analysis.