Berani dalam Benar: Macro-haze vs Micro-haze - Why the double standards?

Neighbouring areas in Peninsular Malaysia experienced moderate to dense smoke haze observed over western Peninsular Malaysia, even Singapore. Dry conditions and prevailing winds from the southeast or south caused the situation to remain uncertain with many being exposed to a myriad of health threats, adding pressures to the dire healthcare services nationwide. Meaning more stringent measures need to be taken to effectively protect the health and safety of people, while implementing mitigation actions including timely health information and succint advice to the public around the clock.

Of late, the haze has even claimed the lives of five people, including medical staff, after a ‘flying doctor’ service helicopter crashed near Sarawak as wildfires complicate efforts especially in rural or isolated regions. In this case, the crash site was said to be in a remote area that required a 10-hour journey by road.

While all these are reported in the media almost regularly since the last few months with genuine interest to seek solutions across the board, even at the ASEAN level, the story about vape (mis)use is still hazy to say the least. It leads to what I would term as the “micro-haze” refering to the widespread abuse/(mis)use of vapes (e-cigarettes) more than three years ago. The analogy to current macro-haze cannot be missed, in that users of the vape are creating an “unhealthy” and “hazardous” haze-like environment that they are directly exposed to. Many of them are reportedly experiencing respiratory symptoms (cough, shortness of breath, nausea) indicating that the lungs are affected (not unlike the macro-haze) which could over time cause (irreversible) chronic lung conditions like asthma among others. The cardiovascular system and the brain are also not spared. Perhaps more than that it can contain cancer-causing and harmful chemicals including nicotine, and various flavouring (toxic) agents. The former notably is highly addictive (among the known drugs of abuse) that can result in premature death due to dependency, something that the current haze is not noted for. In addition, one common side effect of vaping is tongue sensitivity, or tongue numbness/loss of taste which is also absent in the macro-haze. In short, the "mirco-haze" is far more dangerous!

Yet, vaping is often made to be a “safer alternative” to smoking traditional cigarettes! For sure, the “micro-haze” poses more serious risks to human wellbeing, especially lung health. In fact, vaping is not even approved as a way to quit smoking like the use of patches, inhalers, lozenges and gum. Some studies showed only a handful who switched to vaping had been able to quit smoking. Still, it is neglected in comparison to most countries globally, including our closest neighbours, making Malaysia like a “pariah” of sorts despite championing the slogan being “civilised.” We are not, unless someone must be hallucinating, and inviting others, namely the underage, school going children to do the same!

Why is this dubious thing happening can be traced back to March 2023, when the government exempted nicotine from the Poisons Act 1952, allowing for taxation on products like electronic nicotine delivery systems (vapes and e-cigarettes). Instead of keeping it listed, like many other dangerous substances and an outright ban for certain agents, the government in its “wisdom” introduced an excise duty on vape liquids containing nicotine, set at 40 sen per millilitre, which took effect in April/May 2023. To make it worse, it was announced that half of the revenue from this excise tax would be allocated to the Ministry of Health (which may be unconstitutional), as though it is sufficient to deal with all the multitude of problems attached to “micro-haze” as listed above. Addiction and nicotine dependency alone, to what the World Health Organisation term of as a “new breed” of addicts that Malaysia has the honour to “pioneer,” is enough to burn the partial excise tax allocation! As a nation we have not even made a dent on the many drugs of abuse declared as the nation’s number enemy some 50 years ago, in spite of billions spent. Indeed, a new synthetic opioid (fentanyl) that is about 100 times more potent than morphine – have been detected in vape liquids in Malaysia. Now add this to the “new breed” whom nobody has a clue what to expect. Moreover, the government cannot tax an illegal product, according to a recent High Court announcement.

This goes back to a conclusive finding when the High Court ruled that removing nicotine vape liquids and gels from Poisons List is “irrational” and without proper consultation with the Poisons Board, chaired by the Minister of Health. She allegedly unilaterally bulldozed the decision raising the questions over the administrative process (including the claimed as a cabinet decision) behind the exemption.

Judge Datuk Aliza Sulaiman allowed a judicial review application filed by civil society groups — Voice of Children (VoC), the Malaysian Council for Tobacco Control (MCTC), and the Malaysian Green Lung Association (MGLA) — and granted the declarations sought by the applicants. Reportedly, the suit, filed in 2023, named the government, then-health minister Datuk Seri Dr Zaliha Mustafa, and the Health Ministry as respondents. Rightly, the judgement said the exemption was driven largely by economic considerations tied to the government’s plan to impose excise duties on nicotine-containing vape products. The ruling has led to a total ban on retail sales of nicotine vapes, and the government is required to reinstate the products into the Poisons List. This much of the decision is ineed clear and implementable. Technically, they remain listed under the Poisons Act 1952 because they were never, legally, removed as deemed by the High Court.

“Despite recognising that electronic cigarettes and vape liquids are dangerous to health, and that Malaysia is obliged to regulate and restrict their supply, sale, and use, the first respondent (the Government) proceeded to make the impugned order to give effect to the decision regarding taxation,” she said.

The judge further said the exemption created a legal loophole in regulating nicotine vape products before the Control of Smoking Products for Public Health Act 2024 came into force on Oct 1, 2024. The “micro-haze” must be put to end once and for all without an “emergency” being announced, since several states (Johor, 2016; Kelantan, 2016; Terengganu, 2025; Perlis, 2025; Kedah, 2026; Penang and Selangor, to follow) have banned it. They highlighted a growing concern of the “micro-haze” among youth, in contrast to federal laissez faire attitude.