Although Malaysia had signed the Framework Convention on Tobacco Control (FCTC) on Sept 23 last year, it didn't manage to make to the list of 40 countries that ratified the FCTC. Peru was the 40th country - the minimum number required for the treaty to enter into force to ratify it on Nov 29.

It is interesting to observe that Japan is one of the 40 countries that ratified the FCTC. Ironically Japan Tobacco (JT), a former state monopoly, is still half-owned by the Japanese government and if there is one country that has any reason to avoid ratifying the FCTC, it is Japan.

However, it inked the treaty even though JT has more than 70 percent of the tobacco market share in Japan and commands a huge market share elsewhere in the world.

The US, which signed the treaty on May 10 this year (without ratifying it) has a US$280 billion (RM1,064 billion) civil racketeering suit against the tobacco industry. It is the home to tobacco giants such as British American Tobacco (BAT), Philip Morris, and Brown & Williamson.

Seth Moskowitz, spokesman for RJ Reynolds Tobacco Co., said that the law suit '... would bankrupt the industry'.

If the threat of a multibillion dollar law suits hangs over the the industry in the US like the sword of Damocles, the industry might well move to other countries where they feel safer from the threat of tobacco control measures and law suits.

The Asian region is one such place. Indeed, the organisers of the Emerging Tobacco Markets 2005 exposition (to be held in Kuala Lumpur in November next year) has said that their exposition will present ' ... the perfect opportunity for all players in the tobacco industry - from inside of Asia or outside of Asia - to strengthen their position in the Asian region'.

It is a wonder how Malaysia can allow such exposition to be held, let alone one with the intention of allowing tobacco companies to infiltrate the region now that they have been so severely curbed in their respective countries.

We would be planting the seed of disaster in the region if we permit this exposition to be held here. And this should not be the way to go about implementing the 'prosper thy neighbour' policy.

Bhutan signed the FCTC on Dec 9 last year and ratified the treaty on Aug 23. The Himalayan kingdom, about 2.5 times the size of Johor, is the first country in the world to ban smoking. It demonstrates that banning tobacco products is not impossible issue. It is just political will.

The real dangers of smoking are now recognised worldwide as compared to say, 10 years ago. One of the ways to 'vaccinate' a country from the scourge of smoking-related problems (involving health, economics and others) is to implement the FCTC guidelines.

Tobacco products have been able to survive their damning health impact evidence accumulated for more than 50 years and today still remain a commercial product.

Malaysia can consider following other Muslim countries in implementing the treaty and also the possibility of imposing a 'fatwa' (religious ruling) on tobacco products.

It does not serve the interests of Malaysia if it were to have a huge, sick smoker population with the tobacco industry generating about one percent of the country's Gross Domestic Product.

The writer is attached to the Clearing House for Tobacco Control, National Poisons Centre, Universiti Sains Malaysia.