KUALA LUMPUR, Nov 2 — Bandar Kuching MP Dr Kelvin Yii has questioned the government’s commitment to banning vape after the Poisons Board reportedly endorsed Health Minister Dzulkefly Ahmad’s proposal to exempt liquid nicotine from the Poisons List.
Dr Yii said the proposed exemption appeared to contradict the government’s previously announced plan to prohibit vape, and urged Putrajaya to clarify whether it still intended to proceed with the ban.
“If the government still intends to ban vape, it should say so clearly and explain why this exemption is needed. If its position has changed, I strongly believe the rakyat deserves an honest explanation,” the DAP lawmaker said in a statement today.
In August last year, Dzulkefly said a vape ban was “no longer a question of if, but when”, with a Cabinet Memorandum expected to be tabled in early 2026.
The health minister had said the ban would take effect by mid-2026 or, at the latest, by the end of the year.
However, Dr Yii said the government had yet to clarify whether the memorandum had been tabled, what decision Cabinet had made, or when the proposed prohibition would take effect.
The reported Poisons Board endorsement of a fresh exemption for liquid nicotine has raised further questions about the government’s regulatory direction.
The Board’s endorsement does not itself remove liquid nicotine from the Poisons List. Under the Poisons Act 1952 (Act 366), the health minister can issue an exemption order after consulting the Board.
If gazetted, a new exemption order would reverse the effect of the Kuala Lumpur High Court’s May 15, 2026 ruling, which nullified a 2023 exemption order issued by then-Health Minister Dr Zaliha Mustafa. The government subsequently withdrew its appeal against the judgment in August.
The 2023 order had exempted nicotine in vape liquids and gels from the Poisons List, despite the Poisons Board’s opposition.
Dr Yii urged the government not to gazette another exemption before Cabinet makes a final decision on the proposed vape ban. He warned that doing so would entrench the legal sale of nicotine vape products and make a subsequent prohibition more difficult.
He also called on the government to table the Cabinet Memorandum and announce a firm implementation date, beginning with open-system vape devices that have been abused with synthetic drugs.
Kapar MP Dr Halimah Ali also criticised the reported move, questioning the Health Ministry’s position and the Poisons Board’s endorsement.
“It’s disturbing to hear that the minister of MOH would flip-flop in his decision on exempting liquid nicotine from the Poisons List. The Poisons Board as well,” Dr Halimah told CodeBlue.
“What’s happening to our health guardians? The rakyat deserve full transparency and real facts and figures. They should explain themselves fully. Don’t let the people down, especially the young generation,” the PAS lawmaker said.
Nicotine Control Key To Tackling Non-Communicable Diseases
Dr Yii said vape control was not merely a tobacco control issue, but also part of preventing non-communicable diseases (NCDs), including heart disease, stroke, cancer, and chronic lung disease.
He argued that nicotine addiction, which often begins during adolescence, could contribute to unhealthy habits and increase the risk of future disease.
“Every young person who picks up vaping today is a potential NCD patient tomorrow. Making nicotine vapes easier to buy moves us in exactly the wrong direction,” he said.
Dr Yii drew parallels with efforts to reduce sugar consumption, arguing that public awareness campaigns alone were insufficient to change behaviour while harmful products remained cheap, widely available and heavily marketed.
He cited the National Health and Morbidity Survey (NHMS) 2023, which found that 54.4 per cent of Malaysian adults were overweight or obese, while nearly 2.3 million people were living with three NCDs simultaneously.
Dr Yii also pointed to the Covid-19 pandemic, when people with diabetes, hypertension, obesity, and heart disease faced higher risks of severe illness and death, placing additional pressure on hospitals.
He said a healthier population was Malaysia’s first line of defence against future pandemics.
Pending a final decision on the vape ban, Dr Yii called for stricter enforcement of the Control of Smoking Products for Public Health Act 2024 (Act 852), particularly against sales to minors and online sales.
He also urged the government to provide current vape users with accessible cessation support, including free quitting services at public clinics and pharmacies.
Dr Yii Wants Tobacco, Vape Taxes To Fund NCD Prevention
Beyond vape regulation, the Sarawakian MP urged the government to treat NCD prevention as a structural challenge, rather than relying primarily on public awareness campaigns.
Dr Yii proposed ring-fencing revenue from tobacco, vape, and sugar-sweetened beverage duties to fund health promotion, smoking and vaping cessation programmes, and NCD screening, instead of allowing the money to flow into the Consolidated Fund.
“Tax revenue must never become the reason harmful products stay on the market,” he said.
Dr Yii also called for mandatory front-of-pack nutrition labelling with a clear implementation date, stronger protection of children from nicotine and junk-food marketing, higher nutrition standards in schools, and more affordable healthy food, particularly in Sarawak and rural areas.
“The minister has said the right things before. Now he must tell Parliament and the rakyat where the vape ban stands, and whether re-exempting liquid nicotine means that ban has been quietly abandoned,” he said.
“Tackling NCDs requires consistent policy, and that starts with not making addictive products easier to buy.”
