Dr Zaliha Mustafa stated that the generational end-game (GEG) has not been completely forgotten, even though it has been removed from the Control of Smoking Products for Public Health 2023 Bill. The reason for its removal was the Attorney-General’s Chamber’s concerns about its constitutionality, which contradicted Article 8 of the Federal Constitution. The AGC believed that the GEG element created unequal legal treatment based on birth year.
In light of the concerns raised by the AGC, the ministry had to address loopholes caused by the delisting of nicotine gel from the Poison’s Act 1954 and the regulation of vape, which were designated as priorities. Although the GEG element was removed, the bill still included provisions to regulate products like vape and protect underage individuals.
Dr Zaliha Mustafa mentioned that the ministry would continue monitoring the situation after the bill comes into effect. She also stated that the possibility of reintroducing GEG may be reconsidered in the future, but no specific timeline was provided for this.
She emphasized that the ministry has not entirely forgotten about the GEG but is currently focusing on addressing more pressing issues. When asked why the provision was included in previous versions of the bill despite the AGC’s views, she directed the question to her predecessor, Khairy Jamaluddin.
Regarding Khairy’s reaction to the bill, Dr Zaliha Mustafa stated that his view was personal. Khairy had previously mentioned that the lobby by tobacco industry players led to the removal of the GEG element from the bill.
She also highlighted that the fight to protect Malaysians’ health was far from over, despite the removal of the GEG element. The revised Control of Smoking Products for Public Health 2023 Bill was tabled for the first reading on Nov 28, with the second reading scheduled for Nov 29.
“This is a situation that we needed to address promptly,” she commented.
