Industry Pushback Against Open-System Vape Ban
The Malaysian vape industry has expressed concern over the government’s decision to ban open-system refillable vapes, arguing that this constitutes a policy shift and lacks consistency and regulatory clarity, given the prior approval process by the Ministry of Health. Industry representatives warn that the move could have serious financial and regulatory consequences.
Key Points
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Focus: Government decision to ban open-system refillable vapes, which the industry claims contradicts previous regulatory approvals.
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Industry Statement: DPVM Secretary-General Ridhwan Rosli says products that completed testing and application processes are still subject to the ban, raising concerns over policy consistency.
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Impact Issues: Uncertainty over the fate of existing inventory, potential refunds of approval fees, and how products in production or under review will be treated.
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State-Level Differences: Some states prohibit retail sales while allowing production, import, and export activities.
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Industry Demands: Clear enforcement mechanisms, a reasonable transition period to clear inventory, and transparency regarding approved and under-review products and associated fees.
Background and Regulatory Context
January 8, 2026 – According to The Malaysian Reserve, the Malaysian vape industry has voiced concern over the government’s decision to ban open-system refillable vapes, describing it as a policy reversal given the prior regulatory approval process. Industry representatives argue that the move reflects a lack of policy consistency and regulatory clarity.
Concerns Over Approved Products
Industry stakeholders noted that despite receiving prior approval from the Ministry of Health, the government has proceeded with the ban on open-system vapes.
Ridhwan Rosli, Secretary-General of the Malaysian Vape Business Council (Dewan Perniagaan Vape Malaysia, DPVM), said the ban raises serious concerns because some products had already completed laboratory testing and formal application procedures.
Financial Impact on Businesses
Ridhwan stated that relevant regulatory fees had been paid, with some products already approved, others still under review, and some having entered the production stage. He described the ban as a policy “U-turn” that could severely impact businesses, particularly those holding inventory worth “hundreds of millions of ringgit.”
Uncertainty Over Inventory and Fees
He added that it remains unclear how existing inventory will be treated and whether approval fees already paid will be refunded. This uncertainty, he said, creates significant financial risk for compliant businesses.
Inconsistencies at the State Level
Ridhwan also highlighted regulatory inconsistencies across states, noting that while some states prohibit the retail sale of vapes, they still permit production, import, and export activities.
Risk of Illegal Market Growth
He warned that implementing a ban without clear enforcement mechanisms could drive the growth of illegal and unregulated vape products, undermining consumer safety and disadvantaging compliant industry players.
Calls for Transition Period and Transparency
Ridhwan emphasized that if a vape ban is enforced, the government should provide a reasonable transition period to allow businesses to manage and clear legally approved inventory.
He further urged authorities to disclose the total number of approved products. The number is still under review, and the status of existing approvals and fees, warning that a lack of transparency could lead to significant industry losses and damage investor confidence.
