MyWATCH expresses its profound disappointment and concern over the Ministry of Health’s (MOH) decision to appeal the High Court ruling that found the exemption of liquid and gel nicotine from the Poisons Act to be unlawful.
The High Court’s decision represented a rare opportunity for the Government to acknowledge a policy error, restore public confidence, and place the health of Malaysians above all other considerations.
Instead, the MOH has chosen to challenge a ruling that many public health experts, civil society organisations, parents, and health care professionals regard as a necessary corrective measure.
The central question remains: who exactly is the MOH protecting?
The MOH’s primary responsibility is to protect health, prevent disease, and safeguard the well-being of Malaysians.
It is not responsible for ensuring tax revenues from addictive products. It is not responsible for protecting commercial interests. It is certainly not responsible for facilitating the expansion of an industry that profits from nicotine addiction among young people.
By pursuing this appeal, the MOH risks creating the perception that it is prioritising the interests of the vape industry over the health of Malaysian children and adolescents.
The exemption of liquid nicotine from the Poisons Act in 2023 opened the floodgates for the rapid expansion of vape and e-cigarette products throughout the country.
Since then, Malaysia has witnessed increasing reports of nicotine addiction among schoolchildren, growing youth vaping prevalence, exposure to high-concentration nicotine products, and repeated concerns about dangerous substances being mixed into vaping devices.
This is no longer merely a regulatory issue. It is a public health emergency.
Around the world, governments are increasingly recognising that vaping products have created a new generation of nicotine-dependent youths.
What was initially marketed as a smoking cessation tool for adults has evolved into a highly sophisticated industry targeting young consumers through attractive flavours, colourful packaging, social media marketing, and lifestyle branding.
MyWATCH believes that incremental regulation is no longer sufficient.
The evidence is clear that enforcement challenges, online sales, product manipulation, and youth access have made it nearly impossible to adequately protect children through regulation alone.
Therefore, MyWATCH renews its call for a comprehensive national ban on all recreational vape and e-cigarette products, including:
- Sale of vape and e-cigarette devices.
- Sale of nicotine-containing vape liquids and pods.
- Sale of non-nicotine vape products intended for recreational use.
- Online marketing and sales of vape products.
- Promotion, sponsorship and advertising of vape and e-cigarette products.
The government should treat vape and e-cigarettes in the same manner that it treats other products that pose substantial risks to public health and social well-being.
Malaysia should not become a testing ground for an industry that profits from addiction.
The MOH should be leading efforts to eliminate nicotine addiction, not defending decisions that make addictive products more accessible.
Rather than appealing the High Court ruling, the Ministry should seize this moment to:
- Accept the court’s decision and restore public confidence.
- Initiate measures toward a complete ban on vape and e-cigarette products.
- Strengthen enforcement against illegal nicotine sales.
- Expand smoking and vaping cessation services.
- Prioritise the health and future of Malaysian children above industry interests.
MyWATCH expected better from the MOH. We expected a ministry willing to learn from past mistakes and act decisively in the interests of public health. We expected leadership. We expected courage.
Most importantly, we expected the MOH to stand firmly on the side of Malaysian families who are increasingly worried about the growing vaping epidemic among children and adolescents.
The MOH must remember that its highest duty is not to defend controversial administrative decisions. Its highest duty is to protect the health of the rakyat.
The appeal should be withdrawn. The focus should shift towards ending the vape epidemic. Malaysia’s children deserve nothing less.
Roslizawati Ali is president of the Malaysian Women’s Action for Tobacco Control and Health (MyWATCH).
- This is the personal opinion of the writer or publication and does not necessarily represent the views of CodeBlue.
