Only 2 preparations of nicotine are exempt from the Poisons List: tobacco and nicotine patch/gum. Amid Madani's silence, the industry has a "grace period" until GE16 to get rid of nicotine vape stock before a potential instant ban by a new government.
The Malaysian Vape Chamber of Commerce and Malaysian Vapers Alliance want clarity from the government on the legal status of nicotine vape, saying they want regulation under Act 852, but omit mention of the Poisons Act that lists nicotine as a poison.
Petaling Jaya and Kuala Langat MPs tell the government to ban nicotine vape as a scheduled poison under the Poisons Act and to stop collecting excise duties on it, saying MOF must also refund businesses over RM354m in excise duties collected since 2023.
The government has 3 options to take after dropping its nicotine appeal. Option A: Ban nicotine vape. Option B: Return to the Poisons Board. Option C: Enact a simple Act to classify tobacco and nicotine products as ordinary trade commodities, not poisons.
There were moments during this journey when things were considerably darker than perhaps most people outside the small group involved ever realised – because there was pressure on us not to proceed with the legal challenge.
Galen Centre CEO Azrul says the High Court's ruling on nicotine isn't status quo after the government dropped its appeal, pointing out that Act 852 doesn't address the legal status of liquid nicotine. He asks if nicotine vape retail sales are now banned.
Johan Merican said in 2023 that cancelling the exemption of liquid nicotine from the Poisons List will invalidate vape tax collection. As Putrajaya now upholds a court ruling nullifying the exemption, it's unclear if it must refund vape businesses >RM354m.
MOF says the government will only make a decision on nicotine vape taxation after a Court of Appeal ruling, noting that the Health Ministry has filed an appeal against the High Court's quashing of the exemption of liquid nicotine from the Poisons List.
Health Minister Dr Dzul and the government are appealing the entirety of a High Court verdict that nullified the delisting of liquid nicotine because they're "dissatisfied" with the ruling, says the AGC in a June 12 notice of appeal to the Court of Appeal.