Act 852 In Action: What You Need To Know About Malaysia’s New Tobacco Regulations

The control of tobacco products was previously only a regulation under the Food Act 1983.

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The Control of Cigarette Products Act (Act 852) was enforced starting 1 October, with several aspects implemented simultaneously with the Regulations and Orders under it.

In this regard, Health Minister Datuk Seri Dr Dzulkefly Ahmad announced that the enforcement of the act would be carried out in two phases: immediate enforcement and educational enforcement.

Three important aspects that are immediately enforced involve the sale of smoking products that attract the attention of children and teenagers, the advertising of smoking products, and the places where their sale is prohibited.

With the enforcement of this new act, many will surely want to know the details contained in it to avoid committing any related offences.

Act 852, which was gazetted on 2 February 2024, is enforced for matters involving the control of the sale and purchase of tobacco products, smoking materials, tobacco substitute products, and smoking devices.

The purpose of its enforcement is to create a new generation free from any tobacco products, smoking materials, tobacco substitute products, and smoking devices.

“Smoking materials” refer to substances or combinations of substances containing propylene glycol, glycerol, or triethylene glycol for smoking purposes.

The control of tobacco products was previously only a regulation under the Food Act 1983.

According to Clause 7 of Act 852, no person shall publish or facilitate any person to publish any advertisement that:

Contains any tobacco product, smoking material, or tobacco substitute product.
Contains any brand or trademark related to any tobacco product, smoking material, or tobacco substitute product.
Contains any offer or invitation to purchase any tobacco product, smoking material, or tobacco substitute product.
Is intended or likely to encourage any person to smoke.
Promotes the tobacco product, smoking material, or tobacco substitute product as a quit smoking product.
Promotes any item used together with any tobacco product, smoking material, or tobacco substitute product.

If a person is convicted of an offence, they will be subject to the following penalties:
For the first offence, a fine not exceeding RM20,000, or imprisonment not exceeding one year, or both.

For the second or subsequent offence, a fine not exceeding RM30,000, or imprisonment not exceeding two years, or both.

For offences committed by a corporate body:

For the first offence, a fine not less than RM20,000 and not exceeding RM100,000, or imprisonment not exceeding two years, or both.

For the second or subsequent offence, a fine not less than RM50,000 and not exceeding RM300,000, or imprisonment not exceeding three years, or both.

In addition to the advertising ban, Act 852 also emphasizes the prohibition on the sale of tobacco products as stipulated under Clause 10, which states that no person shall sell or display for sale any tobacco product, smoking material, or tobacco substitute product unless it complies with the prescribed requirements.

If convicted, individuals can face the following penalties:

For the first offence, a fine not exceeding RM20,000, or imprisonment not exceeding one year, or both.

For the second or subsequent offence, a fine not exceeding RM30,000, or imprisonment not exceeding two years, or both.

For offences committed by a corporate body:

For the first offence, a fine not less than RM20,000 and not exceeding RM100,000, or imprisonment not exceeding two years, or both.

For the second or subsequent offence, a fine not less than RM50,000 and not exceeding RM300,000, or imprisonment not exceeding three years, or both.

Accordingly, the immediate enforcement of the ban on the sale of smoking products applies to the following places:

Educational institutions and higher education institutions
Temporary sales markets
Online
Vending machines

The display of cigarettes is also prohibited in convenience stores and must be placed in closed cabinets starting 1 April 2025.

This also includes specialty stores selling smoking products, which must prevent their products from being visible from the outside but can be displayed openly inside the store.

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The final aspect immediately enforced with Act 852 is the smoking ban in certain places. 28 places and areas have been categorized as no-smoking zones.

According to the government gazette for Act 852, “area” refers to the entire premises, including the area inside the building and the surroundings within the fence or lot of the premises.

“Building” refers to any area inside a building, including sidewalks and land within three meters from the building line, and also includes areas covered by a permanent roof connected to the main building.

Here is the list of areas where smoking or vaping is prohibited:

Entertainment centers or theaters (except casinos)
Hospital or clinic areas
Elevators or public toilets
Dining places
Air-conditioned shops
Laundry buildings
Public transport stop buildings
Airport areas except for approved smoking areas or rooms
Government premises areas
Malaysian Parliament buildings
Any area used for any gathering activity whether in a public place or inside a building other than residential or private buildings
Educational institution or higher education institution areas
Childcare center areas
Public service counters
Shopping complexes
Gas station areas
Stadium buildings, fitness centers, or gyms
Sports complex areas
Public buildings or places used for religious purposes
Library areas
Internet cafes
National service training areas
Workplace buildings
Rest and recreation areas except for open public parking areas
Public park areas except for open public parking areas
Observation towers, campsites, canopy walkways, and five meters from the entrance or exit of canopy walkways in national or state parks
Inside school buses
Inside public vehicles
Each listed area and the area within three meters from the related building line are no-smoking zones.

Exceptions to the smoking ban in airport areas are as follows:

Terminal 1 Kuala Lumpur International Airport

MAS Golden Lounge, Mezzanine Level, Satellite Building
Smoking Room C31 (Lot SATMEZ 25), Mezzanine Level, Satellite Building
Smoking Room C11, Mezzanine Level, Satellite Building
Smoking Room B2, Passenger Level Domestic, Contact Pier Building
Smoking Zone Open Area in between Gate 4 and Gate 6 outer curbside, Level 5
Smoking Zone Open Area in front Gate 4, Gate 6 and Gate 8 outer curbside, Level 3
Smoking Zone Open Area outer curbside, Level 1
Office Area, Room C23, Ground Floor Satellite Building A
Office Area Bay A8 Ground Floor Contact Pier Building

Terminal 2 Kuala Lumpur International Airport