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In conjunction with World Health Day, celebrated annually on April 7, the Malaysian Bar calls on the Government to adopt and implement a comprehensive legal framework to address Malaysia’s worrying obesity rate through a wellness-based national policy.
As a nation where 54.5% of the adult population is classified as overweight or obese,1 we face an increasing number of non-communicable diseases, including diabetes and heart conditions, and mental health challenges. While medical advice should be adequate to educate the public on the importance of healthy living, legal reform is also necessary to incentivise and encourage healthy choices.
The Malaysian Bar commends the Government’s ongoing efforts in tackling the obesity crisis through health and nutrition policies, such as the National Plan of Action for Nutrition of Malaysia III (2016–2025) (“NPANM III”). NPANM III adopts a multidisciplinary approach and collaboration across various government agencies and sectors, and its policy action in combating obesity includes the introduction of a sugar-sweetened beverage tax and public education campaigns.2
However, while these initiatives represent important steps, they remain largely fragmented and non-binding. There is currently no comprehensive legal framework in NPANM III that coordinates cross-ministerial accountability with other stakeholders in relation to food regulation, health education, and urban design sustainability. Thus, the Malaysian Bar proposes a wellness-based national policy initiative as a solution to address these gaps. The following are key legislative elements that need to be included in this policy initiative:
(1) Formation of a National Council on Obesity Prevention, chaired by the Ministry of Health, with representation from all relevant ministries, professional bodies, and non-governmental organisations (“NGOs”), to ensure sustainable coordination, transparent governance, and annual reporting of health metrics;
(2) Promote the integration of pedestrian-friendly infrastructure and public fitness amenities into urban development plans by the relevant ministries; and
(3) Implement tiered taxation on the sale of products scientifically proven to be unhealthy, thereafter channelling the revenue into a National Wellness Fund that could be used to support the implementation of health and nutrition policies.
This policy initiative would form the basis for a structured, law-driven approach grounded in enforceable regulations and cross-sectoral collaboration. It reflects the Malaysian Bar’s belief that the law can and must be a tool for positive societal transformation. The right to health is a human right and should be a legislative priority. The law must rise to the challenges of our times to meet the needs of the situation.
The Malaysian Bar affirms its commitment to assist the Government — specifically the Ministry of Health — in this legislative endeavour, to promote the health, dignity, and well-being of all Malaysians.
“Laws for a Healthier Nation, Justice for a Better Tomorrow”
Mohamad Ezri b Abdul Wahab
President
Malaysian Bar
7 April 2025
1 “National Health & Morbidity Survey 2023: Non-Communicable Diseases and Healthcare Demand”, Ministry of Health Malaysia, Institute for Public Health, 2023.
2 “National Action Plan of Action for Nutrition of Malaysia III: 2016–2025”, Ministry of Health Malaysia, National Coordinating Committee on Food and Nutrition (NCCFN).