KUALA LUMPUR, Sept 2 — Vape businesses and consumers are calling on the government to clarify whether nicotine vape remains legal, amid the Ministry of Health’s (MOH) silence on the status of liquid nicotine as a scheduled poison.
The Malaysian Vape Chamber of Commerce (MVCC) and Malaysian Vapers Alliance (MVA) want the government to continue regulating nicotine vape under the Control of Smoking Products for Public Health Act 2024 (Act 852).
Neither group, however, addressed the legal implications of a High Court ruling, which has been upheld by the government by dropping its appeal, that struck down the 2023 exemption of liquid and gel nicotine used in e-cigarettes and vapes from the Poisons List under the Poisons Act 1952 (Act 366).
MVCC secretary-general Ridhwan Rosli said the government’s decision to establish Act 852 meant the industry should not now be left facing renewed legal uncertainty.
He said Act 852 was not hastily formulated but was the result of a lengthy legislative process involving the government, ministries, relevant agencies, and stakeholders, including the industry.
“Therefore, once the government has chosen to establish a specific framework to regulate smoking products, including vape products, we believe that Act 852 should continue to be implemented and enforced comprehensively.
“Any changes to this framework should be carefully considered to ensure that they do not undermine the original objectives of the law,” he said in a statement last Friday.
Ridhwan said the vape industry had been willing to be regulated from the outset and had supported the implementation of Act 852.
Vape businesses had also made significant investments to comply with requirements covering products, packaging, labelling, registration and business operations, he said.
“Industry players have made business decisions based on the regulatory framework established by the government. They have invested, adapted their operations and taken steps to comply with Act 852.
“It is not reasonable for an industry that has taken steps to comply with the law to then bear the consequences of changes to the legal position. Behind every business are employees, distributors, retailers and families who depend on these sources of income,” Ridhwan said.
MVCC said it did not reject regulation, but wanted tobacco, vape, shisha and other smoking products placed under a clear and consistent regulatory framework.
“We are not asking for an exemption from the rules. If there are concerns relating to public health, product misuse or enforcement, these issues can be addressed through stronger enforcement or amendments to the regulations where necessary.
“However, undermining an entire industry that has taken steps to comply with the law is not an appropriate solution,” Ridhwan said.
The association said legal certainty was necessary for the industry to continue operating responsibly and comply with government requirements.
“The regulatory framework has already been established, and the industry has demonstrated its commitment to complying with it. What we hope for is for Act 852 to continue to be implemented with consistent enforcement, together with improvements where necessary,” Ridhwan said.
“The government must take into account public health and enforcement considerations while, at the same time, ensuring the sustainability of an industry that has chosen to comply with the law.”
MVA president Khairil Azizi Khairuddin similarly called for clarity over the legal status of nicotine vape, saying adult vape consumers wanted clear rules rather than uncertainty.
“Adult vape consumers need clarity, not confusion. Following recent speculation on the legal status of nicotine in vape products, our ask is simple: Act 852 exists, and it should be enforced,” Khairil said in a statement today.
He said Act 852 was the product of a detailed legislative process involving multiple consultations between government authorities, industry, and consumer representatives.
The process was designed to regulate vape responsibly, he said, adding that the regulatory framework should not be put aside because of legal uncertainty.
“Consumers do not want to be exempted from regulation. They want access to government verified-safe vape,” Khairil said.
The alliance said it supported a properly regulated vape industry with clear rules on product standards, age restrictions and where vape products could be sold.
It called on the government to provide clear guidance on the current legal position of vape and prioritise enforcement of Act 852. “Uncertainty does not protect consumers. Do not act in haste that could revive an unregulated industry,” Khairil said.
Since the minister’s 2023 exemption order was nullified by the High Court, e-liquids containing nicotine are now a scheduled poison on the Poisons List.
Specifically, “all preparations” of nicotine are classified as a Group C poison, except for tobacco, as well as registered nicotine patches or gum used as an aid for smoking cessation, that have been and still are exempt from the Poisons List today due to previous ministers’ orders.
An exemption from the Poisons List means that tobacco products can be sold for recreational use, subject to controls under Act 852 (previously controlled by 2004 tobacco control regulations under the Food Act 1983).
As for nicotine patches or gum that are exempt from the Poisons List, then-Health Minister Khairy Jamaluddin made this exemption in 2022 to enable over-the-counter sale for these smoking cessation products because Group C poisons can only be dispensed via a doctor’s or pharmacist’s prescription.
