Malaysia

Use of “substitute tobacco products,” which includes e-cigarettes, is subject to the same restrictions as smoking of tobacco products. There is a comprehensive list of indoor places where “smoking” (which includes the use of e-cigarettes) is banned. However, some types of indoor places are not covered by the indoor smoking ban, 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 on the outdoor premises of specified types of indoor 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.

The law prohibits advertising and promotion of “substitute tobacco products”, which includes e-cigarettes.

The law prohibits sponsorship of “substitute tobacco products”, which includes e-cigarettes.

The law prohibits retailers from displaying substitute tobacco products (which includes e-cigarettes) and smoking substances (which includes nicotine and other substances used in e-cigarette refill cartridges) at point of sale except at “specialized stores”. Product display at a specialized store must not be seen conspicuously outside the store.

The law prohibits the sale of substitute tobacco products (which includes e-cigarettes) and smoking substances (which includes nicotine and other substances used in e-cigarette refill cartridges) via the internet.

The law does not address flavors in e-cigarettes; therefore, the use of flavors in e-cigarettes is allowed.

The law does not address ingredients or additives in e-cigarettes; therefore, there are no restrictions on the use of ingredients or additives in e-cigarettes.

The law requires that smoking substances (which includes refill cartrideges containing nicotine and other substances) carry a picture and text health warning, occupying 65% of the front and 65% of the back of the product packaging. There is only one authorized health warning (“Smoking products cause lung disease”); therefore, rotation is not required. The product packaging must also contain a descriptive constituent and emissions warning (“This product produces chemicals that are harmful to health”).

The law prohibits the use on packaging of substitute tobacco products (which includes e-cigarettes) and smoking substances (which includes nicotine and other substances used in e-cigarette refill cartidges) of: any information that is false, misleading or deceptive or that is likely or intended to create an erroneous or false impression about the characteristics, health effects, hazards or emissions of a tobacco product. This ban includes a ban on words or descriptors such as “light”, “ultra light”, “mild”, “cool”, “extra”, “low tar”, “special”, “full flavor”, “premium”, “rich”, “famous”, “slim”, “Grade A”, “golden”, “pearl”, “edition” or any similar terms. The ban also includes “any term, word, description, claim, representation, abstract or graphic that states the grading, quality or supremacy of the product or is fanciful or that is not relevant to the physical characteristic of the tobacco product, smoking substance or substitute tobacco product and any other words that is meant for the purpose of promoting directly or indirectly the sale or disposal of the tobacco product, smoking substance or substitute tobacco product.”

The maximum concentration of nicotine permissible in every smoking substance is 35 mg/ml. Beginning October 1, 2025, the maximum concentration of nicotine permissible in every smoking substance is 20 mg/ml.

The maximum volume of smoking substance permissible for each cartridge or disposable pod is 3 ml. Beginning October 1, 2026, the maximum volume of smoking substance permissible for each cartridge or disposable pod is 2 ml.

The law requires manufacturers, importers, and distributers of substitute tobacco products (which includes e-cigarettes) and smoking substances (which includes nicotine and other substances used in refill cartidges and pods) to register products that they manufacture, import, or distribute. As part of this registration, manufacturers, importers and distributors must submit a report of laboratory analysis (by an approved lab) of their products to the Director General of Health. The laboratory analysis report must include contents and emissions.

The law prohibits the sale of substitute tobacco products (which includes e-cigarettes) and smoking substances (which includes nicotine and other substances used in refill cartridges and pods) via vending machine.

The law prohibits the sale of substitute tobacco products (which includes e-cigarettes) and smoking substances (which includes nicotine and other substances used in refill cartridges and pods) in, and within 40 meters of, educational and higher educational institutions.

The law prohibits the sale of substitute tobacco products (which includes e-cigarettes) and smoking substances (which includes nicotine and other substances used in refill cartidges and pods) at any road, stall or market which is temporary in nature.