KUALA LUMPUR, June 8 — Two groups have urged the Ministry of Health (MOH) not to appeal a High Court decision on nicotine ahead of a deadline next Monday to file an appeal.
Anti-tobacco group MyWatch said the court decision has effectively provided the government with an opportunity to correct a policy mistake in 2023, under then-Health Minister Dr Zaliha Mustafa, that contributed to the rapid proliferation of vape products and nicotine addiction among Malaysian youth.
“Rather than spending public funds appealing the ruling, the government should immediately take decisive action to prohibit all public retail sales of nicotine-containing vape products, ban recreational use of nicotine and vape products, strengthen enforcement against online sales and youth-targeted marketing, and introduce stronger penalties against those supplying nicotine products to minors,” MyWatch president Roslizawati Ali told a press conference here today.
“The government should accept the court’s decision, close the chapter on nicotine liberalisation, and move Malaysia towards a comprehensive prohibition of recreational vape products.”
CodeBlue reported recently that Health Minister Dzulkefly Ahmad and the government – the two respondents in the judicial review filed by three non-governmental organisations (NGOs) – have until June 15 to file an appeal to the Court of Appeal.
High Court judge Aliza Sulaiman ruled on May 15 that an order gazetted by Dr Zaliha on March 31, 2023, to remove liquid and gel nicotine used for e-cigarettes and vape from the Poisons List was “irrational”.
MyWatch also urged the government and Parliament to reinstate generational end game (GEG) provisions in the Control of Smoking Products for Public Health Act 2024 (Act 852) to ban tobacco and vape for future generations.
“Malaysia cannot continue fighting tobacco-related diseases while simultaneously allowing a continuous pipeline of new nicotine users to replace those who quit or die prematurely,” said Roslizawati.
“MyWatch urges all policymakers to revisit and restore GEG provisions through the most legally robust mechanism available. The objective is not punishment; the objective is prevention.”
The anti-tobacco group further demanded legislation on automatic annual tobacco tax increases, noting that tobacco taxation in Malaysia has stagnated for more than a decade.
“Tax increases should not depend on political cycles or lobbying pressures. Instead, Malaysia should legislate a predictable annual excise adjustment formula linked to inflation, income growth, health care costs, and public health objectives,” said MyWatch.
MMI: Accept Court Ruling On Liquid Nicotine As Legal Poison
Separately, the Malaysian Medics International (MMI) urged the MOH to accept the High Court’s decision that effectively restored liquid nicotine as a Class C poison under the Poisons Act 1952.
“MMI strongly urges the MOH to fully accept this judicial verdict, refrain from pursuing further legal appeals, and permanently cease treating hazardous, addictive substances as mere fiscal commodities,” said MMI in a statement today.
“To conclude, MMI appeals to the Ministry of Health and the Ministry of Finance to strictly enforce this judicial verdict by comprehensively operationalising the reinstatement of liquid nicotine under the Poisons Act 1952 (Act 366).”
The medical students’ group added that Act 852 must not be viewed as a substitute for the Poisons Act.
“Act 852 successfully introduces crucial market limitations, such as prohibiting online and vending machine sales, banning retail displays in non-specialised stores, and restricting product appeal to minors.
“However, relying solely on Act 852 inherently permits the continued retail distribution of highly addictive nicotine products as standard commercial goods, albeit under stricter marketing guidelines. A comprehensive, dual-legislative strategy is required to completely dismantle the commercialised vaping market.”
MMI also suggested a shift of liquid nicotine to a prescription-only framework.
“If tobacco and vape companies genuinely maintain that these products are intended solely as ‘smoking cessation tools’, they must accept that such devices belong exclusively in clinical settings under medical supervision,” said MMI.
“This model completely safeguards our children, who have zero medical need for a cessation aid since they have no prior smoking dependency to treat.”
While MMI acknowledged that a prescription-only model, like in Australia, could inadvertently trigger a thriving black market, the group stressed that the solution wasn’t deregulation.
“We urge the government to back this clinical model with stringent border controls, severe penalties for illicit traders, and a streamlined medical pathway for adult cessation patients.
“Any state revenue deficits caused by freezing commercial vape taxes should be offset by increasing traditional tobacco excise taxes, a proven fiscal tool that drives smoking cessation while protecting the health of the public.”
