Section 8
Prohibition on advertisement of imitation of tobacco product, etc.
of Control of Smoking Products for Public Health Act 2024
No person shall publish or facilitate any person to publish, cause to be published, or take part in the publication, of any advertisement relating to any imitation of tobacco product, smoking substance or substitute tobacco product which—
(a)
contains any express or implied inducement, suggestion or encouragement to purchase any imitation of tobacco product, smoking substance or substitute tobacco product; or
(b)
its use is calculated, expressly or impliedly, is intended or likely to encourage any person to smoke.
(2)
Any person who contravenes subsection (1) commits an offence and shall, on conviction—
(a)
where the person is not a body corporate—
(i)
for the first offence, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both; and
(ii)
for the second or subsequent offence, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and
(b)
where the person is a body corporate—
(i)
for the first offence, be liable to a fine not less than ten thousand ringgit and not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and
(ii)
for the second or subsequent offence, be liable to a fine not less than thirty thousand ringgit and not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Act 852