The Malaysian Women’s Action for Tobacco Control and Health (MyWATCH) expresses its deepest dismay, indignation, and profound moral outrage over information received suggesting that the government may once again be pursuing the exemption of nicotine used in e-cigarettes and vape products from the Poisons List.
If these reports are true, this would represent an extraordinary and deeply disturbing development in Malaysia’s public health governance.
Have we learned nothing from the painful lessons of 2023? Have we so quickly forgotten the High Court’s judgement in May 2026? And have we become so indifferent to the health and future of our children that we are prepared to repeat a decision already found to be irrational and unlawful?
In 2023, under then-Health Minister Dr Zaliha Mustafa, nicotine in vape liquids and gels was exempted from the Poisons List despite the Poisons Board’s opposition.
On May 15, 2026, the Kuala Lumpur High Court ruled against that decision, finding that it was irrational and made without proper consultation. Subsequently, in August 2026, the government withdrew its appeal against the judgement.
That should have been a defining moment of institutional accountability. It should have marked the beginning of a serious correction of past mistakes.
Instead, we are now confronted with reports suggesting that the government may be
contemplating another route to achieve essentially the same outcome.
If this is confirmed, this would raise the gravest questions about respect for judicial decisions, professional independence, public accountability, and the ethical responsibilities of those entrusted with protecting the nation’s health.
Where Are The Morals, Ethics, And Responsibilities?
MyWATCH asks the Prime Minister, the health minister, the trade minister, the finance minister, and the entire Cabinet: where do public health, professional ethics and the protection of our children stand in the government’s hierarchy of priorities?
What is the meaning of Malaysia Madani if compassion, responsibility, integrity, and respect for human dignity are not reflected in decisions that directly affect the health of our people?
What is the purpose of appointing independent scientific and professional advisory bodies if their expertise can be disregarded whenever their conclusions are politically or economically inconvenient?
And what kind of legacy does a government wish to leave when it repeatedly faces questions about decisions involving a highly addictive substance?
The public deserves clear answers, not assurances without action.
The Drug-Laced Vape Crisis Cannot Be Ignored
The Royal Malaysia Police (PDRM) has already documented hundreds of cases involving vape products mixed with dangerous synthetic drugs.
This is no longer merely a debate about nicotine addiction or the commercial regulation of vaping products. It has become a serious public health, child protection, law enforcement, and community safety concern.
Our children and adolescents face risks from nicotine addiction, while drug-laced vape products introduce additional threats of substance misuse, poisoning, and other serious harms.
At a time when law enforcement agencies are confronting these dangers, any proposal that could weaken safeguards must face the highest level of scientific, legal, and public scrutiny.
The government should be strengthening protection, not searching for ways to weaken it.
A Legacy That History Will Remember
The 2023 nicotine exemption will remain a deeply troubling chapter in Malaysia’s public health history.
We had hoped that the present leadership would demonstrate the courage to correct that mistake, uphold the Court’s decision and restore public confidence.
Instead, the latest information, if substantiated, threatens to reopen a wound that has barely healed.
It would be especially disappointing if a government that repeatedly invokes reform, good governance and accountability were to pursue a course that appears to contradict those very principles.
History will remember not merely the promises made by our leaders, but the decisions they took when the health of the people was at stake.
No government, no minister, and no political administration should consider itself beyond public scrutiny or accountability.
MyWATCH Demands Immediate Answers And Action
MyWATCH calls upon the government to:
- Immediately clarify whether any proposal has been submitted, circulated, or scheduled for consideration by the Poisons Board to exempt nicotine in vape products from the Poisons List.
- Publicly disclose the scientific, legal and public health justifications for any such proposal, including how it addresses the High Court’s findings.
- Guarantee the professional independence of the Poisons Board, ensuring that its deliberations are free from improper political, commercial, or administrative pressure.
- Respect the substance and implications of the High Court judgement, rather than pursue measures that could undermine its effect.
- Provide a clear and time-bound roadmap towards the promised vape ban, with particular urgency regarding products and devices associated with synthetic drug misuse.
- Place the protection of children, adolescents, and future generations above commercial revenue and industry interests, consistent with Malaysia’s public health obligations.
- Ensure full transparency and accountability for any decision that could expose the Malaysian population to greater risks of nicotine addiction and vaping-related harm.
The People Deserve Better
MyWATCH is profoundly disappointed that civil society organisations (CSOs), health care professionals, parents, and concerned Malaysians must repeatedly fight to defend basic public health protections.
We should not have to continually remind a government that the first responsibility of public office is to protect the people.
We should not have to repeatedly seek judicial intervention to correct decisions that should have been guided by science, ethics, and the public interest from the beginning.
And we should certainly not have to plead with those entrusted with the nation’s health to protect our children from avoidable addiction and harm.
Public office is a trust, not an entitlement. Political authority does not confer moral immunity. Every elected representative and appointed minister must remain answerable to the people.
Where public confidence has been seriously undermined, democratic accountability must follow. The people have every right to demand explanations, corrective action, and leadership that honours its responsibilities.
MyWATCH therefore urges the Prime Minister and the health minister to address these concerns immediately, openly, and unequivocally.
The government’s highest duty is to protect the health of the rakyat and warns that Malaysia must not become a ground for an industry that profits from addiction.
Let there be no second betrayal of public health. Let there be no repetition of a decision that the courts have already condemned.
And let this not become another dark chapter — Sejarah Hitam Negaraku — in which the interests of our children and future generations were subordinated to other considerations.
Malaysia deserves better. Our children deserve better. Our future deserves better. Let there be courage in leadership.
This is no longer a regulatory issue. This is a public health emergency. Let us shift the focus towards ending the vape epidemic.
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.
