KUALA LUMPUR, June 15 — The Galen Centre for Health and Social Policy has urged the government to withdraw its appeal against a High Court ruling that declared the exemption of liquid and gel nicotine from the Poisons List unlawful, describing the move as contrary to public health and child protection.
Galen Centre chief executive officer Azrul Mohd Khalib said the government’s decision to challenge the May 15 judgement was disappointing and represented a danger to public health.
“The High Court decision was a victory for child protection, public health, good governance, and the rule of law,” Azrul said in a statement today. “It confirmed what public health advocates, medical professionals, and children’s organisations had warned from the start that the 2023 Order exempting liquid and gel nicotine was a disastrous policy decision.”
According to Azrul, the exemption created a regulatory loophole that exposed children and young people to addictive nicotine products and enabled wider access to vape liquids, including concerns over narcotic-laced products.
“For more than a year, the Order created a dangerous regulatory loophole and exposed children and young people to addictive nicotine products. It also opened the door to more serious problems including narcotic-laced vape liquids,” he said.
Azrul also criticised the Health Ministry’s decision to pursue the appeal, saying it appeared to place the ministry on the side of nicotine and vape products rather than public health.
“It is appalling that for a second time, a Health Minister has taken a position which appears contrary to public health and supportive of nicotine, e-cigarettes, vape products, and nicotine delivery devices,” he said.
“The Ministry of Health defends the health of Malaysians. It does not need to defend a decision which enabled the proliferation of addictive products among children and young people.”
He added that Galen stood “in solidarity with the health care professionals in the Ministry who must be dismayed and disappointed by this decision”.
Health Minister Dzulkefly Ahmad had publicly stated last year that the government intended to move towards a nationwide ban on vape and e-cigarette products.
“In 2025, the current Health Minister even declared publicly of the government’s intention to move towards a nationwide vape and e-cigarette ban this year. He said that the issue was no longer whether Malaysia would ban vape, but when such a ban would be implemented,” Azrul said.
He argued that the government’s appeal was inconsistent with that position. “Malaysia cannot claim to be simultaneously moving toward a vape ban while appealing this court decision. These two positions are not compatible. It does not make sense.”
Azrul said the appeal risked creating confusion over the government’s actual stance on vape regulation and nicotine addiction.
He also pointed to recent calls by the police for a nationwide vape ban following the discovery of vape liquids allegedly laced with dangerous synthetic narcotics, including fentanyl and psychoactive substances.
“These developments show that vape devices are now also a drug enforcement, youth protection, and becoming a public safety crisis,” Azrul said.
Azrul urged the government to withdraw both the appeal and any application for a stay of execution of the High Court judgment, and instead move decisively towards ending the sale of vape and e-cigarette products in Malaysia.
He contrasted Malaysia’s approach with several Southeast Asian countries, including Singapore, Thailand, Brunei, Cambodia, Laos, Vietnam, and Myanmar, which have imposed stricter restrictions or bans on e-cigarettes and other nicotine delivery products.
“The Health Minister should stand with children, parents, doctors, public health experts, and the rule of law,” Azrul said. “He and the government must withdraw the appeal and any application for a stay of execution of the High Court’s judgement.”
