Act 852: Malaysia's Smoking and Vaping Control Law

For the first time, a cigarette and a vape device are subject to the same law in Malaysia — and the ban on selling to teenagers is no longer merely policy, but an offence punishable by thousands of ringgit in fines.

What is Act 852?

The Control of Smoking Products for Public Health Act 2024 (Act 852) is Malaysia’s first comprehensive law consolidating the control of cigarettes, tobacco products and vape/nicotine products in a single dedicated act. Previously, tobacco control relied on regulations under the Food Act 1983.

The act received royal assent on 24 January 2024, was gazetted on 2 February 2024, and came into force on 1 October 2024 through P.U. (B) 388/2024.

What is prohibited under the act?

Act 852 introduces several key restrictions that took effect alongside its implementation:

• Minimum age of 18. The sale of smoking products to individuals under 18 is prohibited; retailers are required to display a warning sign prohibiting sales to those who are not yet 18.
• Ban on online and vending-machine sales. All tobacco and vape products may not be sold through online platforms or vending machines.
• Retail display ban. Products may not be displayed openly except in specialist stores, and must not be visible from outside the premises. Full compliance was required by 1 April 2025, including within 40 metres of school areas.
• Ban on loose sales. Products may not be sold in open packs or by the stick.
• Minimum price. Cigarettes, cigars and heated products are subject to a minimum price of RM12 per pack.

How are nicotine and vapes regulated?

The act limits the concentration and volume of nicotine products in stages:

Control	Current limit (from 1 Oct 2024)	Upcoming limit
Nicotine concentration	35 mg/ml	20 mg/ml from 1 October 2025
Cartridge/pod volume	3 ml	2 ml from 1 October 2026

Products must also comply with the Control of Smoking Products for Public Health (Packaging and Labelling) Regulations 2024.

What are the penalties for offences?

Fines vary according to the type of offender and whether the offence is a repeat offence:

• First offence (individual): a fine of up to RM20,000 or imprisonment of up to one year.
• First offence (company): a fine of RM20,000 to RM100,000 or imprisonment of up to two years.
• Repeat offence (individual): a fine of up to RM30,000 or imprisonment of up to two years.
• Repeat offence (company): a fine of RM50,000 to RM300,000 or imprisonment of up to three years.

Why is there no ‘generational endgame’ policy?

The original bill contained a generational endgame (GEG) provision that would have banned cigarettes and vapes for life for anyone born on or after 1 January 2007. The Cabinet decided to separate the GEG from the bill on 6 November 2023, after the Attorney-General insisted that the GEG conflicted with Article 8 of the Federal Constitution on equality before the law — because it treated individuals differently based solely on their year of birth. Although the GEG was dropped, Act 852 remains the country’s first standalone tobacco and vape control act.

What’s next

Check whether your premises — a retail store or eatery — comply with the display ban and warning-sign requirements before the compliance deadlines. Parents and educators can report sales to minors to the Ministry of Health Malaysia. Also watch for the reduction of the nicotine limit to 20 mg/ml on 1 October 2025 and continued calls from some quarters to reintroduce the GEG under Act 852.