Kota Kinabalu: A 46-year-old woman was fined RM15,000, or six months’ jail in default, for selling vape products that did not comply with the prescribed packaging and labelling requirements.
Laila Ranis pleaded guilty before Magistrate Flavian Edward Hendry to the charge on Tuesday.
She was found selling several tobacco substitute products that were not packaged and labelled in accordance with the prescribed requirements at Boss Vape Shop, Homeware, Bandar Baru Keningau, at 11.25am on Jan 21, 2025.
The offence under Section 15(1) of the Control of Smoking Products for Public Health Act 2024 is punishable under Section 15(2)(a)(i) of the same Act with a fine of up to RM20,000, imprisonment of up to one year, or both upon conviction.
The court also ordered the prosecution to dispose of the seized exhibits within 14 days.
Laila paid the fine.
In mitigation, she appealed for a lenient sentence.
However, prosecuting officer Rals Benjamin Yakod urged the court to impose an appropriate sentence to reinforce the objectives of the Act in safeguarding public health and ensuring continued compliance by traders.
He submitted that the offence constituted a breach of legislation enacted to protect public health by regulating the sale of smoking products and tobacco substitute products, including vape products.
“The packaging and labelling requirements are intended to ensure that every product sold complies with prescribed safety standards and displays the required product information and health warnings.
“By selling vape products that did not comply with the legal packaging and labelling requirements, the accused deprived consumers of the opportunity to know the actual contents of the products and the health warnings that should have been displayed.
“This increases health risks to consumers, hampers enforcement efforts and undermines the Government’s objective of ensuring that only products meeting the prescribed safety standards are available on the market.
“Compliance with packaging and labelling requirements is essential to enable consumers to obtain accurate information about vape products, while also supporting the Government’s efforts to regulate the sale of smoking products and tobacco substitute products,” he said.