TOBACCO (CONTROL OF ADVERTISEMENTS AND SALE) (AMENDMENT) AND OTHER MATTERS BILL SECOND READING - CLOSING SPEECH BY DR KOH POH KOON, SENIOR MINISTER OF STATE, MINISTRY OF HEALTH AND MINISTRY OF MANPOWER, 6 MARCH 2026

1.         Mr Deputy Speaker, I thank the Members who have spoken and for their unanimous support for the amendments proposed in the Bill. Members have raised a number of thoughtful views and constructive comments.

2.         I have touched on some of these in my opening speech, so I will now elaborate more on other areas that were raised by Members:

Prevention and Calibrated Enforcement

3.         First, beyond increasing penalties to enhance deterrence, Mr Yip Hon Weng asked whether our enforcement approach would truly reduce youth exposure and initiation. Well the fact is that firm enforcement alone will never eliminate vaping. However, a strong deterrence posture remains essential if we are serious about reducing the harm it can cause to our people.

4.         Vaping has not yet become deeply entrenched in Singapore and this gives us a critical window to act decisively. That is why we are targeting the entire supply ecosystem, the entire supply chain, through robust enforcement, while at the same time supporting users through rehabilitation, to prevent vaping from taking root in our society.

5.         Dr Hamid Razak and Mr Vikram Nair rightly pointed out the importance of  preventive education. Many people, especially the young, picked up vaping out of curiosity or peer pressure. Therefore, we have also stepped up preventive education efforts in tandem.

6.         The national campaign across multiple platforms includes digital display panels across the island, in our heartlands especially, mainstream media, and social media, to inform the public about the dangers of vaping and etomidate vaporisers. We also collaborated with many online content partners to reach out to young people, because this is where young people are consuming information, so this is a good way to reach out to them.

7.         Schools and Institutes of Higher Learning have also played a big part to educate the young on the harm and consequences of vaping. The messages are also integrated into the school curriculum, Dr Neo Kok Beng asked about this earlier.

8.         For those who have already started vaping, we adopted a calibrated, multi-layer approach. This approach provides multiple chances to quit before the more serious penalties apply.

9.         First, the avenue to seek help to quit remains open under the QuitVape programme – those who come forward voluntarily will not be penalised for doing so. In the past 6 months, more than 110 persons came forward to quit etomidate vaping. We hope more will do so. 

10.      Next, for individuals who have been caught vaping, penalties will kick in, along with a requirement to attend rehabilitation for repeat offenders. For those consuming etomidate, testing of their urine or hair samples may be required on top of rehabilitation. To Ms Kuah Boon Theng’s question, students caught for the first time will be guided by school counsellors and referred to the Health Promotion Board’s (HPB’s) QuitLine, when needed. And her suggestion of working in a more coordinated manner across different ministries, resourcing the counsellors, is something that we will take back and look at how to do so, although today we do have close collaboration between HSA and MOE.

11.      To Dr Choo Peiling’s question, suspected offenders may have to undergo interviews, investigations and testing prior to being sent for rehabilitation. So, this explains the turnaround time between detection and start of the rehabilitation programme. We are working to minimise this turnaround time.

12.      The providers of rehab programmes will explore the underlying causes for the use of vaporisers and etomidate, and offenders will learn healthy coping habits and how to withstand peer pressure. These are tips that will help them sustain a vaporiser-free lifestyle post-rehabilitation.

13.      For youths under 21 years old, the Youth Enhanced Supervision Scheme under the Ministry of Social and Family Development (MSF) has an added element of family involvement, with some sessions conducted together with their parents or guardians. Parents can also refer to the Parent’s Guide on Vaping on the Families for Life website, for tips on having conversations with their children on vaping.

14.      To Dr Wan Rizal’s question, HSA will closely engage parents and guardians and use these powers of section 19S judiciously. Parental and family support, I’m sure we all agree, are crucial to helping young offenders quit. Parents who refuse to be involved in their children’s counselling without reasonable justifications will potentially face criminal charges.

15.      However, despite our best efforts, if individuals decide to reoffend repeatedly, penalties will escalate rapidly.

a.    For vaping, they will be prosecuted and subject to the increased fine, of up to $10,000.

b.    For etomidate vaping, they will be detained in the Drug Rehabilitation Centre (DRC) for institutional treatment and rehabilitation, and to answer Mr Vikram Nair’s question, this will be separate from other drug offenders. By the time they are sent to the DRC, these reoffenders would have been caught at least three times and given multiple chances to quit.

16.      To Mr Yip’s question, mandatory imprisonment is imposed for importers and suppliers of section 15 tobacco products and vaporisers because they drive the continued availability of these harmful products. We have to go really upstream and stop the flow of these items into Singapore. If the products contain SPS, the penalties will be as severe and aligned to those for Class C controlled drugs under the MDA.

17.      During the investigations of suspected import and supply offences, HSA takes into account several factors, including the quantity and types of prohibited products involved, as well as evidence of intent to sell or supply to others, to determine the nature of the offence and how an individual is involved. Factors such as age and number of past offences will be taken into consideration by the Courts when determining the appropriate sentences. Specifically for youth offenders, the Courts will also consider youth-specific sentencing options, such as probation or reformative training.

18.      As Mr Yip and Dr Wan Rizal mentioned, supply channels are becoming more complex and decentralised, especially through the use of social media and messaging platforms. On the ground, we have also adapted our enforcement approach to better detect important supply offences. Let me share two examples:

a.    First, HSA actively monitors sales and advertisements of vaporisers on such platforms and works with platform owners to remove these listings. HSA also collaborates with the Infocomm Media Development Authority and the Online Criminal Harms Act (OCHA) Office to block vaporiser websites targeting locals. Over 10,000 online advertisements were removed since 2024, and 27 websites blocked under the OCHA since September last year.

b.    Second, vaporiser supply chains predominantly operate overseas. The Immigration and Checkpoints Authority (ICA), Central Narcotics Bureau (CNB) and Singapore Police Force already engage in information sharing with their foreign counterparts. So, we will work closely to make sure that we have intelligence to deal with this. On vaporisers specifically, with the help of intelligence sharing, joint operations by HSA and ICA detected 59 large-scale smuggling cases in 2025, seizing around 230,000 vaporisers and related products. 13 of these cases have been charged.

Ground Implementation and Operational Clarity

19.      Dr Hamid, Mr Yip, Dr Wan Rizal, Dr Choo and Mr Vikram Nair have raised a few operational issues.

20.      Members asked how enforcement actions will be differentiated for SPS under the TVCA, and Controlled Drugs and psychoactive substances under the MDA. An SPS, once scheduled under the TVCA, will be automatically excluded from the framework of psychoactive substances under the MDA, because this framework in the MDA works on a negative list approach and SPS has been excluded.

21.      To Dr Hamid and Mr Yip’s suggestions on frontline enforcement, officers will assess the situation to route the case to the appropriate agency. Laboratory testing of the substance may be conducted to ascertain the identity of the substances involved and subsequently refer to the appropriate authorities.    

22.      To Mr Vikram Nair’s questions,

a.    When it comes to rehabilitation, those who are suspected or have found to have consumed only SPS will be handled by HSA.

b.    If both SPS and controlled drugs or psychoactive substances under the MDA are consumed, the MDA rehabilitation framework will take precedence, given the seriousness of those drugs and offences.

c.    Similar principles apply to prosecution – so HSA and CNB will investigate the cases, jointly if necessary.

d.    The ultimate decision on prosecution will be made by the Attorney-General’s Chambers.

e.    For cases to be charged under the TVCA, we will take guidance from the existing body of law, including precedent cases charged under the MDA.

23.      Support will be provided to owners and occupiers of specified premises so they will understand how to fulfil their new obligations.

24.      As I have mentioned, this is not entirely new. It is similar to the obligations under the Smoking (Prohibition in Certain Places) Act (SPCPA) that public entertainment premises are already subject to, and it is not meant to be onerous or impose a disproportionate amount of legal liability on premise operators. HSA will support them in complying with these obligations.

a.    Practical guidance on the identification of prohibited products, how to engage and handle individuals possessing or using these prohibited products and when to engage HSA for further assistance, will be provided.

b.    To protect these owners and occupiers, it will be an offence for individuals to hinder, obstruct, threaten, abuse or assault owners and occupiers in the course of performing their duties.

25.      HSA will publish a handbook of best practices today on their website to illustrate what constitutes “due care” by owners and occupiers of land, buildings and places under the new offence of allowing other individuals to store prohibited products or their components in these places.

26.      I thank Dr Wan Rizal for his suggestions on this. And understandably, owners and occupiers may worry that the storage of prohibited products could happen, even if they have done their best to prevent it.

27.      Let me assure you that each case will be assessed based on the particular facts of each situation, and owners and occupiers who have exercised due care do not need to worry.

28.      We intend for the Bill to commence on 1 May and will provide support to responsible persons and owner and occupiers before then.

29.      Mr Yip asked about the safeguards that ensure the accuracy of our laboratory tests, given that a positive urine test can be presumed to mean that the individual has consumed SPS and committed an offence. HSA has extensive experience supporting CNB in conducting laboratory tests for enforcement under the MDA. So, these powers and capabilities are not new to HSA.

Enforcement Resources, Capabilities and Capacity

30.      Expanded powers require adequate resources to support implementation – this was also a point emphasised by a few Members.

31.      We adopted a Whole-Of-Government enforcement approach, where relevant agencies, such as the Police, CNB, NEA and NParks assist in the detection and referral of suspected cases to HSA, so that enforcement is not done just by HSA alone. This has multiplied our effective enforcement capacity, with more than 13,000 officers authorised to-date. These agencies will continue to be authorised under the TVCA.

32.      To Mr Yip’s question, HSA carefully assesses the suitability of these officers before empowering them with enforcement powers. This applies to officers from HSA and across other agencies. Officers are only authorised for specific powers that match their roles and experience and must  undergo prescribed training and competency assessments before being deployed. After deployment, they continue to be overseen and reviewed by their supervisors.

33.     On rehabilitation capacity, having operated these programmes for the past six months, we have provided for sufficient capacity, including the DRC. We will regularly review capacity utilisation and projections based on the latest offender numbers and trends and make the necessary adjustments.

Monitoring Effectiveness and Future Trends

34.      Finally, Members have asked about monitoring the effectiveness of the current enforcement approach, as well as monitoring trends in emerging substances of abuse.

35.      Beyond the number of offenders, we also monitor recidivism rates and other key indicators.

36.      MHA already works with international and regional partners, such as the Commission on Narcotic Drugs, United Nations Office on Drugs and Crime and ASEAN counterparts, to monitor the emergence of new psychoactive substances. MOH and MHA also review various sources of data to identify and be alert to emerging substances of abuse.

37.      Specific to vaporisers, HSA also collects and exchanges intelligence with the WHO and international regulatory counterparts, and on our own, we conduct random testing of vaporisers that we have seized to detect any new substances that are emerging in the market.

38.      If another psychoactive substance or product emerges in tobacco products, vaporisers or imitation tobacco products, it can be listed in the Schedule of TVCA fairly quickly, by amending the Schedule via an order in the Gazette made by the Minister for Health. So, there would be less scrambling, and a lot more responsiveness to any emerging threats.

39.      Mr Gerald Giam cited clause 37 on the definition of smoking. Let me clarify that this is actually an amendment to the MSE NEA Smoking (Prohibition in Certain Places) Act, that it is not for the Tobacco Control Act, but it's actually an amendment to NEA’s Smoking (Prohibition in Certain Places) Act. Smoking area ban policy is also under MSE and NEA’s purview, but I understand where the member is coming from. We will work with NEA and MSE on the MP’s suggestion to see how we can continue to help manage the issues of secondhand smoke and smoking within our heartlands.

40.      On setting standards for emission of tobacco products, this is already in current section 15, and the new section 14. We have existing limits on the content emission of nicotine and tar of cigarettes that will continue under the TVCA.

41.      On the suggestion to reduce addictiveness of tobacco and nicotine products, the MP was slightly referring to the nicotine cap policy I had mentioned earlier We have considered this before and will continue to study it. It is possible to do so under the new section 14, but I do hear the member suggesting that the UK has a cap of 1.0 milligram. And actually, in Singapore, our nicotine emission yield is also capped at 1.0 milligrams since 2013. So if the member were to look this up, it is actually under the Tobacco (Control Of Advertisements and Sale) (Limits On Certain Substances) Regulations  2010, so our limits are no different from what the member has cited from the UK.

Conclusion

42.      Mr Speaker, I believe I have addressed the clarifications raised by Members.

43.      I thank Members for their suggestions and support of this Bill.

44.      Mr Speaker, sir, I beg to move.