The Malaysian Council for Tobacco Control (MCTC) welcomes today’s decision by the High Court allowing the judicial review application filed by MCTC together with two other parties concerning the exemption of nicotine liquids and gels used in electronic cigarettes and vape products from control under the Poisons Act 1952 in 2023.
In the judgment delivered by Judicial Commissioner Aliza Sulaiman, the Court held that the nicotine exemption for vape products through the Poisons (Amendment of Poisons List) Order 2023 was irrational and made without proper consultation with the Poisons Board as required under Section 6 of the Poisons Act 1952.
The Court further emphasised that consultation with the Poisons Board cannot be treated as a mere formality. Instead, it must be conscious, meaningful, purposeful and effective, involving genuine exchanges of views. The Court found that no further discussions took place after the Poisons Board unanimously rejected the proposed exemption.
The learned Judge also accepted the argument that the decision to exempt nicotine was driven primarily by economic and taxation considerations following the proposal to impose excise duties on vape products under the 2023 National Budget.
The Court observed that the decision had effectively become a “done deal” despite the government’s own recognition that vape products and nicotine liquids are harmful to public health and increase the risk of nicotine addiction among children and adolescents.
This decision is an important recognition that public health must not be compromised for tax revenue or industry interests.
MCTC reiterates that:
- Human lungs are meant only to breathe clean air, not aerosols and chemicals from vape and electronic cigarette products;
- Nicotine addiction among children and adolescents is a serious public health threat;
- The “harm reduction” narrative must not be used to normalise vape use without strict
regulation; and - Any smoking cessation approach must be evidence-based and delivered through professional healthcare services.
MCTC also hopes that this Court decision will serve as an important reminder that all public health policies must be formulated transparently, with integrity, free from industry influence, and in line with Malaysia’s obligations under the WHO Framework Convention on Tobacco Control (WHO FCTC) and the United Nations Convention on the Rights of the Child (CRC).
MCTC would also like to express its deepest appreciation to the legal team, civil society organisations, health care professionals and Malaysians from all walks of life who have consistently defended the right of future generations to live free from nicotine addiction.
MCTC further wishes to record its highest appreciation to the activists, parents, and grandparents who deeply feel the threat posed by vape and e-cigarettes to their children and grandchildren.
Their concern and courage were reflected not only through moral support, but also through financial contributions ranging from just a few ringgit to thousands of ringgit to help fund this legal challenge up to the High Court.
The sacrifices and solidarity shown by ordinary Malaysians demonstrate that the fight to protect future generations from nicotine addiction is a shared responsibility that transcends social background and status.
MCTC sincerely hopes that this court decision will move the authorities to take the necessary and appropriate actions without delay in order to protect public health and safeguard the future of Malaysia’s children.
This statement was issued by MCTC chairman Prof Dr M. Murallitharan.
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