KUALA LUMPUR, Nov 12 — Anti-tobacco groups and MPs have reiterated their demands for a prohibition on vapes, after Health Minister Dzulkefly Ahmad confirmed that liquid nicotine in e-cigarettes is a scheduled poison.
The Malaysian Council for Tobacco Control (MCTC) said nicotine vape products must remain regulated under the Poisons Act 1952 (Act 366), as it called for a clear, phased plan to end their commercial sale.
“The immediate course should be to maintain the protection of Act 366 while coordinating enforcement with the Control of Smoking Products for Public Health Act 2024 (Act 852),” said MCTC president Dr M. Murallitharan in a statement today.
“The two laws must be implemented coherently; the existence of Act 852 should not, by itself, justify removing nicotine liquids and gels from Poisons Act control. The Ministry should clarify how restrictions will be enforced in practice and publish the stages leading to the end of commercial nicotine-vape sales.”
In a written Dewan Rakyat reply last November 5 to Pulai MP Suhaizan Kaiat, Dzulkefly confirmed that nicotine in liquid and gel preparations used in electronic cigarettes and vapes is once again subject to Act 366, after a High Court ruling last May cancelled a 2023 exemption of nicotine-containing e-liquids from the Poisons List.
MCTC also claimed that the Ministry of Health’s (MOH) proposed renewed exemption of liquid nicotine from the Poisons List was intended to be “temporary”, based on Health deputy director-general (public health) Dr Ismuni Bohari’s engagement session with MCTC and other civil society organisations last Friday.
“The Ministry explained why it is considering a short-term exemption as a possible transitional mechanism. Its concerns include the legal consequences of the court ruling, existing commercial stocks, trade-related questions and practical enforcement arrangements,” said Dr Murallitharan.
“MCTC understands that these matters require coordination across government, but they do not alter the public health destination or automatically establish that an exemption is unavoidable.”
Treasury secretary-general Johan Mahmood Merican previously said in a 2023 affidavit filed in the nicotine case that cancelling the 2023 exemption order would invalidate the government’s collection of excise duties on e-cigarette and vape liquids containing nicotine. More than RM354 million in tax revenue on the product has been collected as of June 11, 2026.
A new exemption order, “temporary” or not, may not necessarily mean that the government can legally recoup the tax revenue it might have lost from 2023 until the date of the new order, only perhaps that it can begin a fresh collection of excise duties.
Dzulkefly has yet to issue a statement on the matter, after CodeBlue reported last week that the Poisons Board, which included representatives from the Malaysian Medical Association and Malaysian Pharmacists Society, had endorsed his proposal to exempt liquid nicotine from the Poisons List.
MCTC said today that a so-called “temporary” exemption of nicotine-containing vape liquids from the Poisons List was an exception, not its first choice.
“We would consider a narrowly limited temporary exemption only if the government demonstrates that it is genuinely necessary to deliver that outcome, rather than prolong commercial availability.”
It’s unclear how a “temporary” exemption of liquid nicotine will work because Act 366 doesn’t have provisions for a sunset clause in ministerial orders amending the Poisons List. Prime Minister Anwar Ibrahim’s government also only has about a year left in office before the 15th Parliament automatically dissolves in December 2027.
If Dzulkefly proceeds to gazette a new order exempting liquid nicotine from the Poisons List, Anwar’s government only has a few months to cancel that order later, if it is indeed meant to be “temporary”, because a new government elected after the 16th general election isn’t bound to the policies of the previous administration.
Liquid nicotine is a Group C poison. Act 366 prohibits the retail sale or supply of poisons to anyone, except by a licensed pharmacist or registered medical practitioner.
Immediately Enforce Poisons Act Against Sale Of Nicotine Vapes
Anti-tobacco group MyWatch wholly objected to exempting nicotine-containing vape liquids from the Poisons List.
“Why should Malaysia contemplate another exemption when the dangers of nicotine addiction, particularly among children and adolescents, are well established? Why should we continue to accommodate an industry whose products threaten to create another generation dependent on nicotine?” said MyWatch president Roslizawati Ali in a statement.
“The growing concerns surrounding the misuse of vaping devices to deliver dangerous synthetic drugs further strengthen the case for decisive preventive action.
“Countries in our region, including Singapore, Thailand and Brunei, have demonstrated that firm prohibitory approaches to recreational vaping are possible.”
When contacted by CodeBlue, the Malaysian Paediatric Association (MPA) called for an immediate enforcement of Act 366 against the retail sale of nicotine vapes and seizures of such products, since the health minister has confirmed that liquid nicotine is a scheduled poison.
MPA committee member Dr Zulkifli Ismail pointed out that Malaysia saw a marked increase in vape use among schoolchildren after liquid nicotine was exempted from the Poisons List in 2023.
“We will be seeing more if this goes through and there is absolutely no regulation on the content of the vaping solution that can easily be laced with psychotropic drugs. Then we’ll have a whole generation of youngsters addicted to vape and drugs.”
Another MPA committee member, Dr Salehuddin Samsudin, told CodeBlue that liquid nicotine, if ingested even in small amounts, can cause severe toxic effects, including rapid heart rate, high blood pressure, vomiting, breathing difficulties, and even seizures in infants and young children.
MPs Oppose Proposed Nicotine Exemption
Three MPs who spoke to CodeBlue objected to the proposed nicotine exemption, calling instead for a nationwide vape ban.
Kuala Langat MP Dr Ahmad Yunus Hairi urged Dzulkefly to rethink his decision before gazetting a nicotine exemption order.
“Let nicotine remain a scheduled poison under the Poisons Act,” said the Perikatan Nasional lawmaker. “I also hope that vape will be banned in Malaysia.”
Kapar MP Dr Halimah Ali told the health minister to prioritise the health of Malaysians.
“To derive income to support its fiscal needs, there should never be conflict of interest.
“What is poisonous is poisonous, no matter what business consideration,” she added, pointing out that Dzulkefly is a toxicologist by training.
Pulai MP Suhaizan said based on the minister’s parliamentary reply to him, he believed that Dzulkefly will retain liquid nicotine in the Poisons List.
“MOH must draft a plan to implement enforcement against vape before actual enforcement, not just in premises but also online sales. The period of the start of enforcement must also be provided for vape businesses to prepare,” he told CodeBlue, when asked if immediate enforcement under Act 366 against nicotine vapes should be conducted.
