KUALA LUMPUR, Oct 19 — The Malaysian Council for Tobacco Control (MCTC) alleged today a possible renewed attempt by the government to exempt nicotine-containing vape liquids from the Poisons List.
Without naming Health Minister Dzulkefly Ahmad, the anti-tobacco group said it has received “information” about possible attempts to bring, to the Poisons Board, a proposal to remove nicotine e-liquids from the list of scheduled poisons under the Poisons Act 1952 (Act 366).
Section 6 of Act 366 empowers the minister to amend the Poisons List after consultation with the Poisons Board.
“At present, MCTC cannot confirm that a formal proposal has been submitted or that a Poisons Board vote has been scheduled,” said MCTC president Prof Dr M. Murallitharan in a statement.
In a landmark ruling last May on a judicial review application by MCTC and two other non-governmental organisations (NGOs), the High Court struck down a March 2023 order gazetted by then-Health Minister Dr Zaliha Mustafa to remove liquid and gel nicotine used for e-cigarettes and vape from the Poisons List.
Last August, the health minister and government withdrew their appeal against the High Court decision.
However, the Ministry of Health (MOH) and Ministry of Finance (MOF) did not explain if the sale of nicotine vapes is now illegal under Act 366 and that the government’s collection of more than RM354 million in excise duties on nicotine e-liquids has been invalidated, as a result of the High Court judgment.
“Malaysia must not repeat the policy mistakes of 2016 and 2023. In 2016, a regulatory approach was chosen instead of the proposed ban on vaping products. In 2023, the exemption of nicotine from the Poisons List gave rise to legal and public health disputes,” said Dr Murallitharan.
“Following the High Court judgement and the government’s decision not to pursue its appeal, Malaysia must not return to policies that weaken public health protections.
“Economic interests, tax revenue and commercial considerations must not take precedence over public safety and health. Any decision concerning the regulatory status of nicotine must be guided by scientific evidence, legal principles, independent professional judgment and the government’s responsibility to protect public health.”
MCTC urged the Poisons Board to once again reject any proposal to exempt nicotine liquids and gels used in vaping products from regulation under Act 366.
“This position also extends to proposals involving legislative amendments, subsidiary legislation or alternative administrative mechanisms intended to achieve a similar outcome.
“All members of the Poisons Board must provide independent advice based on scientific evidence and public health considerations. Decisions concerning nicotine must not be influenced by commercial interests, industry pressure or fiscal considerations that take precedence over public safety.”
In its court case, which has now ended, MCTC said Dr Zaliha was the first health minister in the history of the pre-Merdeka Poisons Board to reject its decision, when she gazetted the 2023 order to exempt liquid nicotine from the Poisons List against unanimous opposition from the Board.
The membership of the Poisons Board has since changed. According to an MOH webpage, updated as of November 2025, the Poisons Board consists of 11 members, including Health deputy director-general (pharmaceutical services) Azuana Ramli, Malaysian Medical Association’s (MMA) Dr R. Arasu, Malaysian Pharmacists Society’s (MPS) Nour Hanah Othman, as well as representatives from other government departments and chambers of commerce.
The 2023 Board also had representatives from these same associations. Members of the Poisons Board are appointed by the health minister.
When the Poisons Board unanimously rejected Dr Zaliha’s proposal to exempt liquid nicotine from the Poisons List in March 2023, the government had yet to table a tobacco and vape control bill in Parliament.
This meant that removing the addictive substance from control under Act 366 would create a legal lacuna, allowing the sale of nicotine vapes to children, which was what had happened until the Control of Smoking Products for Public Health Act 2024 (Act 852) came into force in October 2024.
But today, Malaysia already has Act 852 that prohibits the sale of tobacco and vape products to minors aged below 18.
The enforcement of Act 852, which permits the sale of nicotine vapes to adults for recreational purposes, conflicts with liquid nicotine remaining as a Group C poison under Act 366 that can only be dispensed by pharmacists and doctors.
The only nicotine-related exemptions from the Poisons List are tobacco and registered smoking cessation products like the patch or gum.
Besides a press statement, MCTC also sent a letter today to the Poisons Board to urge it to oppose any long-term exemption of nicotine in e-cigarettes and vape products from Act 366 and to support a comprehensive ban on their sale.
“The Board has an important opportunity to ensure that the next phase of national policy is guided by scientific integrity, legal accountability, precaution, and the protection of children and adolescents. We urge all members to act independently and decisively in defence of these principles,” said MCTC in its letter, as sighted by CodeBlue.
“The Poisons Act must remain a public-health safeguard, not an obstacle to be circumvented for commercial purposes. A transition towards a comprehensive ban must close regulatory loopholes, not create new ones.”
