Government’s Decision to Remove Nicotine Vape Liquids and Gels from Poisons List “Irrational”, Rules High Court

The High Court has ruled that the Government acted irrationally and without proper consultation when it removed nicotine vape liquids and gels from the Poisons List in 2023, dealing a setback to efforts that would have paved the way for taxing vape products.

Judge Datuk Aliza Sulaiman allowed a judicial review application filed by civil society groups — Voice of Children (VoC), the Malaysian Council for Tobacco Control (MCTC), and the Malaysian Green Lung Association — and granted the declarations sought by the applicants.

The suit, filed in 2023, named the government, then-health minister Datuk Seri Dr Zaliha Mustafa, and the Health Ministry as respondents.

In her judgement, Aliza said the exemption was driven largely by economic considerations tied to the government’s plan to impose excise duties on nicotine-containing vape products.

“Despite recognising that electronic cigarettes and vape liquids are dangerous to health, and that Malaysia is obliged to regulate and restrict their supply, sale, and use, the first respondent (the Government) proceeded to make the impugned order to give effect to the decision regarding taxation,” she said.

The court also found that the decision was made without adequate consultation with the Poisons Board, raising questions over the administrative process behind the exemption.

The ruling marks a significant legal challenge to the government’s approach towards regulating and taxing nicotine vape products, an issue that has drawn scrutiny from public health groups and industry players alike.

The judge said the exemption created a legal loophole in regulating nicotine vape products before the Control of Smoking Products for Public Health Act 2024 came into force on Oct 1, 2024.

The March 2023 decision to remove liquid nicotine from the Poisons List effectively meant that vape became unregulated and could legally be sold to children. This went on for close to 17 months, until finally the Act came into force (in October 2024).

– excerpts from The Edge (15 May 2026)

Original article here:
https://theedgemalaysia.com/node/803757?