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The 13th World Conference on Tobacco OR Health

Building capacity for a tobacco-free world

July 12-15, 2006, Washington, DC, USA



Thursday, July 13, 2006 - 11:10 AM
9-3

Regulating tobacco in Malaysia – Learning the hard way

Zarihah Mohd Zain, Ministry of Health Malaysia, Disease Control Division, Level 6, Block E10, Parcel E, Precinct 1, Federal Government Administrative Centre, Putrajaya, 62518, Malaysia

Malaysia developed its first wide-ranging control over tobacco in 1993 when the Control of Tobacco Products Regulation was enacted. Since the country's law-making process required interactions between the legislating authority with all stakeholders; several discussions were held with interested parties including the tobacco industry. Even as the main intention was to preserve transparency, these meetings convened between the Ministry of Health and the industry had simply resulted in the passing of a very watered down tobacco control law. Rather than a total advertising ban, the Control of Tobacco Products Regulations 1993 only prohibited direct tobacco ads but was silent on indirect promotions of tobacco products. This loophole was well exploited by tobacco companies and their allies where subsequent tobacco advertisement then became more creative with brandstretching.

In September 2005, Malaysia became a party to the Framework Convention on Tobacco Control (FCTC). In fulfilling national commitments to the FCTC, a new tobacco control legislation is currently being drafted where amongst others, stringent provisions for total ban on tobacco promotions and graphic warning labels will be incorporated. In preparation for such eventuality, the tobacco industry recently began introducing numerous innovative cigarette packing that may enable them to sustain tobacco promotional messages on their products. This move by the industry actually provided an oppportunity for the Ministry of Health to draft legal language that will prohibit new innovative packages and label designs that circumvent the spirit of FCTC