KUALA LUMPUR, August 27 — The Domestic Trade and Cost of Living Ministry (KPDN) maintains that the regulatory status and control of nicotine vape falls under the Ministry of Health’s (MOH) jurisdiction.
CodeBlue had asked KPDN if it was responsible for the regulation of nicotine-containing e-cigarette and vape products, irrespective of the status of liquid or gel nicotine on the Poisons List under the Poisons Act 1952 that the government upheld after dropping its appeal in a landmark nicotine case.
“The issue of vape and nicotine does not fall under the jurisdiction of the Ministry of Domestic Trade and Cost of Living (KPDN) because nicotine is classified as an active chemical substance and poison that directly affects public health, not an ordinary trade commodity,” KPDN told CodeBlue in a brief statement yesterday.
“Therefore, primary control over vape and nicotine is placed under the Ministry of Health Malaysia.”
CodeBlue has requested comments from MOH on last week’s withdrawal of an appeal by Health Minister Dzulkefly Ahmad and the government against a High Court decision that cancelled the exemption of liquid and gel nicotine used in e-cigarettes and vape from the Poisons List.
Putrajaya’s withdrawal of its appeal means that the federal government agrees with the High Court ruling that liquid nicotine was exempted unlawfully from the Poisons List.
CodeBlue asked MOH if nicotine vape is now illegal for retail sale (outside of supply by a pharmacist or doctor) and if the ministry is giving a grace period to retailers before cracking down on tobacco or vape businesses that sell vapes containing nicotine.
Group C poisons – which liquid nicotine was initially classified as, prior to its unlawful removal from the Poisons List – can only be dispensed by a licensed pharmacist or a registered medical practitioner.
CodeBlue also asked if MOH was alternatively planning to go back to the Poisons Board to attempt a second time to exempt liquid or gel nicotine from the Poisons List.
CodeBlue has separately requested comments from the Ministry of Finance (MOF) on whether its current position aligned with a 2023 affidavit by Treasury secretary-general Johan Mahmood Merican that cancelling the liquid nicotine exemption order would invalidate the government’s collection of excise duties on liquid and gel nicotine used in e-cigarettes and vape.
The Malaysia E-Vaporizer and Alternative Tobacco Association (Mevta) told CodeBlue yesterday about massive potential legal and commercial consequences for the vape industry as a result of the government dropping its appeal.
The trade group called for a minimum six-month transition period for the entire supply chain – from raw liquid nicotine stock to retail sale of finished vape products – and a refund of excise duties paid if the government decides that nicotine vape is illegal.
