Prohibition Does Not Work: Malaysia Should Follow Evidence Which Proves Vape Bans Drive Black Markets and Harm Public Health

Kuala Lumpur, 3 September 2025 – As Malaysia considers further restrictions on reduced risk smoking alternatives such as vapour products at both Federal and State levels, new evidence compiled by Prohibition Does Not Work, a collaboration of some of the world’s leading think tanks, has been released. The research demonstrates conclusively that prohibitionist measures are ineffective and come with serious unintended consequences.

The newly released Prohibition Does Not Work (PDNW) report series, featuring case studies from Australia and Brazil, shows that blanket bans, as considered by Malaysia, only fuel black markets, expose consumers to unregulated products, and undermine efforts to reduce smoking rates. These lessons are highly relevant as Malaysia debates the future of its regulatory framework.

Key findings from the report include:

• Australia: For the first time since 2005, smoking incidence has increased — from 13.3% in 2024 to 13.6% in the first quarter of 2025 — following the introduction of vape restrictions in mid-2024, while crime has skyrocketed with a shocking 250 tobacco related firebombing and several murders
• Brazil: Adult smoking prevalence rose from 9.3% in 2020 to 11.6% in 2024, while smoking-related deaths remain at more than 110,000 annually.

Tim Andrews, Director of Consumer Issues for the Tholos Foundation, one of the main partners in the  Prohibition Does Not Work network who contributed to the report, commented:

“Evidence from around the world is clear and unambiguous: prohibition does not work. When governments ban vapour products, consumers turn to illicit markets. This exposes users to unsafe, unregulated products, and deprives smokers of access to safer alternatives.”

The report underscores several key messages that Malaysia should consider in its policy discussions:

• Prohibition fuels black markets: Bans do not stop demand but shift it into black markets, where neither product standards nor age restrictions can be enforced.
• Consumers are left unprotected: Without legal and regulated access, users are pushed toward unsafe products, increasing health risks.
• Smoking rates rise without safer alternatives: Vaping has been shown to be at least 95% safer than combustible tobacco. When vaping options are restricted, smokers are less able to quit, as seen in both Australia and Brazil.
• Enforcement should target criminals, not consumers: Policies must focus on dismantling illicit supply chains, not punishing end users.
• Federal–State alignment is essential: Fragmented retail bans at the state level only hurt legitimate businesses and fuel unregulated markets, while contradicting existing federal regulations that already allow for controlled access.

“Malaysia has a unique opportunity to avoid repeating the mistakes seen overseas,” Andrews added. “The priority should be ensuring that consumers have access to regulated, safer alternatives while enforcement focuses on stopping criminal networks.”

With Federal and State Governments currently reviewing policies on vapour products, the Prohibition Does Not Work Report Series serves as a timely reminder that evidence-based regulation, not prohibition, is the path to reducing harm, protecting consumers, and achieving Malaysia’s public health goals.

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