KUALA LUMPUR, August 20 — The High Court’s nullification of the exemption of liquid nicotine from the Poisons List may have changed everything, said the Galen Centre for Health and Social Policy.
Galen Centre chief executive Azrul Mohd Khalib said Health Minister Dzulkefly Ahmad and the government’s withdrawal of their appeal against the High Court verdict has created an urgent need for regulatory clarity.
“Is the retail sale of vape and e-cigarettes containing liquid and gel nicotine now banned? With the High Court ruling now standing, questions remain about the legal status of liquid and gel nicotine, the retail sale of nicotine vape products, and how the Poisons Act 1952 and Act 852 (Control of Smoking Products for Public Health Act) are now intended to operate together?” he said in a statement today.
“It is not status quo. Act 852 does not address the legal status of liquid and gel nicotine.”
Attorney-General Mohd Dusuki Mokhtar told the New Straits Times yesterday that the government decided to discontinue its appeal against the High Court verdict because Act 852 provided a sufficient legal framework to regulate the sale and use of nicotine-containing vape products.
However, he didn’t explain the legal status of liquid nicotine under the Poisons Act, even as the government has upheld the High Court’s decision to strike down the “irrational” and unlawful exemption of liquid nicotine from the Poisons List in 2023.
The classification of liquid nicotine as a Group C poison under the Poisons Act means that the substance can only be legally dispensed by a licensed pharmacist or registered medical practitioner.
Azrul commended Dzulkefly and the government for withdrawing their appeal.
“This is the right decision and an important course correction,” he said.
“The withdrawal acknowledges the serious public health and governance concerns surrounding the 2023 decision. It also gives the government an opportunity to reset Malaysia’s approach to nicotine and vape regulation, with protecting children, young people and public health as the priority.
“This decision should not be viewed as a defeat for the government. Governments must be able to recognise when a policy has produced harmful consequences, respond to evidence and change direction. That is responsible governance.”
CodeBlue reported earlier today an October 2023 affidavit filed by Treasury secretary-general Johan Mahmood Merican in the High Court here that said a cancellation of the exemption order would invalidate the government’s collection of excise duties on liquid and gel nicotine used in e-cigarettes and vape.
The government collected more than RM354.5 million in excise duty on e-cigarette and vape products in about three years between May 2023 and June 11, 2026.
