Malaysia

HTPs are covered by the definition of “tobacco product”. Therefore, the use of HTPs is subject to the same restrictions as smoking tobacco products. There is a comprehensive list of indoor places where “smoking” (including the use of HTP) 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 bans the advertising and promotion of tobacco products, which, by definition includes “any product that contains tobacco which is designed for human consumption”. Therefore, advertising and promotion of tobacco inserts (sticks or pods) is prohibited.

The law does not specifically address the advertising and promotion of devices. The law bans the advertising and promotion of tobacco products, which by definition includes “any product that contains tobacco which is designed for human consumption”. It is unclear if this definition covers devices, since the device itself does not contain tobacco without the insert. Although devices directly and indirectly promote the use of tobacco products, which includes tobacco inserts, the regulatory status code “Uncertain” is given. 

The law bans the sponsorship of tobacco products, which, by definition includes “any product that contains tobacco which is designed for human consumption”. Therefore, advertising and promotion of tobacco inserts (sticks or pods) is prohibited.

The law bans the sponsorship of tobacco products, which, by definition includes “any product that contains tobacco which is designed for human consumption”. It is unclear if this definition covers devices, since the device itself does not contain tobacco without the insert. As a result, the regulatory status code “Uncertain” is given.

The law prohibits retailers from displaying tobacco products at point of sale except at “specialized stores”. The definition of a “tobacco product” includes “any product that contains tobacco which is designed for human consumption” and therefore covers tobacco inserts. Product display at a specialized store must not be seen conspicuously outside the store.

The law prohibits retailers from displaying tobacco products at point of sale except at “specialized stores”. The definition of a “tobacco product” includes “any product that contains tobacco which is designed for human consumption.” It is unclear if this definition covers devices, since the device itself does not contain tobacco without the insert. As a result, the regulatory status code “Uncertain” is given.

The law bans the sale of tobacco products via the internet. The definition of a “tobacco product” includes “any product that contains tobacco which is designed for human consumption” and therefore covers tobacco inserts.

The law bans the sale of tobacco products via the internet. The definition of a “tobacco product” includes “any product that contains tobacco which is designed for human consumption.” It is unclear if this definition covers devices, since the device itself does not contain tobacco without the insert. As a result, the regulatory status code “Uncertain” is given.

The law bans the sale of tobacco products via vending machine. The definition of a “tobacco product” includes “any product that contains tobacco which is designed for human consumption” and therefore covers tobacco inserts.

The law bans the sale of tobacco products via vending machine. The definition of a “tobacco product” includes “any product that contains tobacco which is designed for human consumption.” It is unclear if this definition covers devices, since the device itself does not contain tobacco without the insert. As a result, the regulatory status code “Uncertain” is given.

The law does not restrict flavors in HTPs.

The law does not restrict or prohibit ingredients and additives for use in HTPs.

The law requires that picture and text health warnings must be placed on all packaging for “heated products” (which includes tobacco inserts). The warning must cover 65% of the front and back of unit and carton 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 requires “heated products” to carry a health warning. A “heated product” is “any product with or without tobacco, either rolled up or enclosed in paper or other material used for smoking via heating process.” It is unclear if devices are covered by this definition. As a result, the regulatory status code “Uncertain” is given.

The law prohibits misleading or deceptive packaging on tobacco product packaging, which by definition includes tobacco inserts. Therefore, the law prohibits the use on tobacco insert packaging 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 law prohibits misleading or deceptive packaging on tobacco product packaging. The definition of a “tobacco product” includes “any product that contains tobacco which is designed for human consumption.” It is uncertain if this definition covers devices, since the device itself does not contain tobacco without the insert.

The law requires manufacturers, importers, and distributers to register tobacco products (which includes tobacco inserts) 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 tobacco products to the Director General of Health. The analysis report must include contents and emissions.

The law requires that a pack of tobacco inserts contain only 20 tobacco sticks (inserts). A carton must contain 10 packs.

The law prohibits the sale of tobacco products (including tobacco inserts) in, and within 40 meters of, educational institutions and at “any roads, stalls, or market which is temporary in nature.”

The law requires retail traders in tobacco products, which includes tobacco inserts, to obtain a license in order to sell tobacco products.