Last updated: March 22, 2024
Penalties
Content regulation
The law does not regulate the contents of cigarettes; therefore, there are no specified penalties.
To align with FCTC Art. 9 and the FCTC Arts. 9 & 10 Guidelines, the law should regulate the contents of cigarettes and impose sanctions for violations.
Disclosure requirement
Ministry of Health
Manufacture, Importer, Distributor
A violation of disclosure requirements by a person that is not a body corporate is subject to: (i) for the first offence, a fine not exceeding twenty thousand ringgit or imprisonment for a term not exceeding one year or both; and (ii) for the second or subsequent offence, a fine not exceeding thirty thousand ringgit or imprisonment for a term not exceeding two years or both.
A violation of disclosure requirements by a person that is a body corporate is subject to: (i) for the first offence, a fine not less than twenty thousand ringgit and not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding two years or both; and (ii) for the second or subsequent offence, a fine not less than fifty thousand ringgit and not exceeding three hundred thousand ringgit or imprisonment for a term not exceeding three years or both.
The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that the law imposes sanctions for disclosure violations. To more fully align, the drafters of the law should consider additional penalties such as license suspension or revocation for repeat offenses.
