This is an open letter from the Malaysian Women’s Action for Tobacco Control and Health (MyWATCH) to health minister Dzulkefly Ahmad:
Dear YB,
The Malaysian Women’s Action for Tobacco Control and Health (MyWATCH) expresses its profound dismay, indignation, and deep disappointment at the latest revelation that the Poisons Board has endorsed your proposal to once again exempt liquid nicotine used in electronic cigarettes and vaping products from the Poisons List under the Poisons Act 1952.
What was initially feared to be an unthinkable possibility has now reportedly become a disturbing reality.
For MyWATCH and many public health advocates who have spent decades fighting to protect Malaysians from tobacco and nicotine addiction, this development represents a serious setback in our national public health journey.
What makes this development particularly distressing is not merely the decision itself, but the identity of the minister now championing it.
YB Minister, you are not unfamiliar with the science of toxic substances, addiction, and their consequences. You are a scientist with expertise in toxicology, and you have been associated with national and international recognition for tobacco control efforts, including the 2025 Wrold Health Organization (WHO) World No Tobacco Day Award.
Such recognition carries with it more than prestige. It represents an expectation of continued commitment to the principles of disease prevention, protection of vulnerable populations, and evidence-based public health leadership.
We therefore find it extraordinarily difficult to reconcile your professional background, public health credentials, and previous commitments with this latest initiative.
How does a minister entrusted with protecting the health of the nation justify taking steps to facilitate the continued recreational sale of an addictive substance that has caused such widespread public health concern?
Malaysia has already endured the consequences of the controversial 2023 decision to exempt liquid nicotine from the Poisons List under the previous health minister.
That decision was subsequently declared unlawful by the High Court in May 2026. The Court has raised serious concerns about the rationale for the exemption and the adequacy of consultation with the Poisons Board.
When the government withdrew its appeal against that judgement in August 2026, many of us believed that an important lesson had finally been learned.
We hoped it marked the beginning of a more responsible approach, one in which public health protection would prevail over competing interests.
Instead, we now face the prospect of another exemption, this time reportedly supported by the very Board that had opposed a similar proposal in 2023. Was that premeditated?
What has fundamentally changed in the scientific evidence concerning nicotine addiction and its harmful effects? What new evidence has emerged to justify such a reversal?
And why should the public be expected to accept another exemption when the government had previously indicated its intention to prohibit vaping?
What happened to the initially planned phased nationwide vape ban starting as early as mid-2026? In the fourth quarter, we are shocked to read about the Poisons Board endorsing the health minister’s proposal to exempt liquid nicotine from the Poisons List.
The public deserves answers, not another administrative exercise that appears to legitimise the continued recreational nicotine market.
Where are the ethics, professional conscience and accountability?
YB Minister,
A health minister’s responsibility extends far beyond ensuring that legislation is administratively convenient or that competing laws are technically aligned.
Your primary duty is to safeguard the health and wellbeing of Malaysians, especially children, adolescents, and future generations, in line with Dasar Kanak-Kanak Negara, in line with the United Nations Convention on the Rights of the Child (UNCRC), the right to life and health as a core pillar of International Human Rights Law, and not forgetting the WHO Framework Convention on Tobacco Control (WHO FCTC) that guarantees every individual the right to physical and mental well-being, dignity, and protection from harm.
The growing concerns surrounding nicotine addiction among young people, alongside reports of illicit drugs being distributed through vaping devices, demand decisive preventive leadership.
We recognise that nicotine and illicit drugs are distinct substances and that the latter require their own enforcement responses. Nevertheless, the expanding vaping environment presents serious and interconnected challenges for public health, enforcement, and youth protection.
At a time when parents, teachers, health care professionals, law enforcement agencies, and civil society organisations (CSOs) are calling for stronger protection, the Ministry of Health (MOH) should be demonstrating unequivocal leadership towards reducing nicotine addiction and ending recreational vaping.
Instead, this proposed exemption raises a deeply troubling question: has the protection of public health ceased to be the overriding priority of the MOH entrusted with safeguarding it?
The issue is no longer simply one of legislation. It is one of ethical responsibility, professional integrity, public trust bona fide (in good faith), and the moral obligations of leadership.
A responsible leader must be prepared to acknowledge when a policy direction conflicts with public expectations, scientific concerns and previously declared commitments.
In many democracies, decisions that provoke such fundamental questions about public trust would invite serious reflection on ministerial accountability, including whether continued leadership remains appropriate.
We ask you to reflect on that responsibility.
MyWATCH also believes that the international recognition associated with your tobacco control work makes this development particularly regrettable.
The WHO World No Tobacco Day Award symbolises outstanding contributions towards reducing tobacco-related harm and protecting populations from addiction.
It should never become merely a historical accolade disconnected from subsequent public health decisions.
We believe that the circumstances surrounding this proposed nicotine exemption warrant the attention of the WHO, including consideration of whether the present policy direction is consistent with the principles and commitments that such recognition is intended to celebrate.
We will therefore consider bringing these concerns formally to WHO’s attention and requesting a review of the implications for the credibility of such recognition, including any applicable procedures concerning previously conferred awards.
Public health honours must stand for enduring principles, not simply past achievements.
Our disappointment extends to the reported endorsement by the Poisons Board.
The Board carries a substantial professional and public responsibility to advise independently on matters involving potentially harmful substances.
Its apparent change of position from 2023 demands a transparent explanation, in line with integrity and good governance.
We therefore call for disclosure of the scientific, legal, and public health considerations underlying its latest recommendation, consistent with applicable confidentiality and governance requirements.
Professional independence must not only exist; it must be demonstrable to the Malaysian public.
MyWATCH calls upon the health minister and the government to:
- Halt the proposed exemption of liquid nicotine and refrain from gazetting any order that would facilitate the continued recreational sale of nicotine-containing vaping products.
- Publicly explain the rationale for the Poisons Board’s endorsement, including the scientific evidence, risk assessments and legal considerations supporting the proposal.
- Honour the government’s previously announced intention to ban vaping, with a clear, legally sound and time-bound national implementation plan, while preserving access to evidence-based smoking cessation treatments.
- Respect the substance and lessons of the High Court’s 2026 judgement, ensuring that public health considerations remain paramount in future regulatory decisions.
- Engage transparently with independent medical professionals, pharmacists, public health experts, parents, and CSOs before proceeding with any further nicotine-related regulatory changes.
- Accept ministerial accountability for the consequences of this policy direction, including reconsideration of the minister’s position should the government persist in pursuing an exemption that undermines public confidence in its health leadership.
YB Minister,
A legacy is not determined by awards received, speeches delivered or promises made. It is determined by the decisions taken when the health and future of a nation are at stake.
History will remember those who defended the health of future generations. It will also remember those who had the knowledge, authority, and opportunity to protect them but chose a different course.
The 2023 nicotine exemption has already left a painful chapter in Malaysia’s public health history. We had hoped that chapter was closed.
Malaysia does not need another chapter of the same story. We do not need another Sejarah Hitam NegaraKu.
As women, mothers, health care advocates, and concerned citizens, we refuse to accept the normalisation of nicotine addiction as an inevitable price of commercial activity or regulatory convenience.
We expect more from our health minister. We expect professional conscience, ethical courage, consistency, and leadership worthy of the trust placed in your office.
We urge you to reverse this course before another damaging decision becomes part of your lasting legacy.
The health of our children and the future of our nation must never be compromised. Malaysia’s children deserve nothing less.
This press statement was issued by MyWatch president Roslizawati Md Ali.
- This is the personal opinion of the writer or publication and does not necessarily represent the views of CodeBlue.
