KUALA LUMPUR, Sept 3 — Pulai MP Suhaizan Kaiat today called for an explanation from the government on nicotine vape controls and the status of taxation on the product.
The Amanah lawmaker expressed support for the government’s withdrawal of its appeal against a High Court ruling that struck down the 2023 exemption of liquid and gel nicotine used in e-cigarettes and vape from the list of scheduled poisons.
“I support the position that nicotine should remain in the Poisons List under the Poisons Act 1952, subject to the appropriate legal framework and exemptions,” Suhaizan said in a statement.
“Nicotine is a substance with addictive properties. Therefore, the control of nicotine should not be viewed solely as an issue of trade, taxation, or product regulation, but must also be regarded as a public health issue.
“Following the withdrawal of this appeal, the government needs to clarify its next steps in regulating vape products and the status of the nicotine tax that was previously imposed. This is important to ensure that the government has a clear agenda for protecting the health of Malaysians.”
Suhaizan, who also heads the parliament special select committee on health, issued his statement in his capacity as Pulai MP.
The Ministry of Health (MOH) has yet to explain if nicotine vape is illegal due to its classification as a Group C poison that can only be dispensed on prescription from a licensed pharmacist or registered medical practitioner.
Only two preparations of nicotine are exempt from the Poisons List due to previous ministers’ orders: tobacco and registered nicotine patch or gum for smoking cessation.
Tobacco was previously regulated under 2004 tobacco control regulations under the Food Act 1983, before control shifted to the Control of Smoking Products for Public Health Act 2024 (Act 852) that also regulates nicotine vapes.
The MOH said last June that the sale of oral nicotine pouches for recreational use is prohibited because the product is a Group C poison.
Treasury secretary-general Johan Mahmood Merican said in an affidavit filed in the High Court in 2023 that cancelling the exemption of liquid nicotine from the Poisons List would invalidate the government’s collection of excise duties on the substance.
The government has collected more than RM354 million in excise duties on e-liquids containing nicotine since 2023.
The Ministry of Finance declined comment when contacted by CodeBlue to confirm if its current position aligned with Johan’s 2023 affidavit, saying the regulatory status of nicotine-containing vape products under the Poisons Act fell within MOH’s jurisdiction.
