Magistrate Ezrene Zakariah handed down the fine on Shuib and ordered him to serve a month in jail if he failed to pay the fine. Shuib, 42, paid the fine.
He was charged with promoting a brand of smoking products in a YouTube podcast at 4.26pm on Oct 22, 2024, in violation of Section 9(1) of the Control of Smoking Products for Public Health Act 2024 (Act 852) which prohibits participation in any arrangement that promotes tobacco, smoking substances, or tobacco substitutes, intended or likely to encourage smoking, or promoted as a quit-smoking product.
The offence was traced to a YouTube link which was reviewed on the same date at the health ministry’s public health inspectorate and legal sector.
The charge was framed under Section 9(3) of Act 852, punishable under Section 9(3)(a)(i) of the same law which provides a fine of up to RM20,000 for a first offence, imprisonment for up to a year, or both upon conviction.
Kua Ah Kiong, a prosecuting officer from the health ministry, urged the court to impose a deterrent sentence, saying the promotion of a cigarette product had a negative impact on society.
He said the act had clearly violated Act 852, and that public interest must be placed above any personal benefit derived from the promotion.
“The use of smoking products can lead to serious health complications, resulting in high treatment costs if users fall ill.
“In addition, children and adolescents under 18 are easily influenced by any form of promotion of cigarette products, including vaping, particularly when such products are promoted by influential figures admired by society,” he said.
Shuib’s lawyer, Ahmad I’zzudin Ahmad Nadzri, said his client only acted as the producer of the podcast and that the agreement with the vape company was concluded before Act 852 came into effect.
He said his client was charged on Oct 22, 2024, prior to the official notification of the Act’s enforcement in April 2025.
I’zzudin also said his client had taken responsible steps by removing the podcast content from YouTube within a short period to comply with the Act, making the video link inaccessible and eliminating its impact on society.