An NGO acting on behalf of four Johor vape traders filed a lawsuit today against several government agencies for the raids conducted against vape traders.

Among others, Pertubuhan Ikatan Usahawan Kecil dan Sederhana Malaysia (Ikhlas) demanded RM1 million in aggravated and exemplary damages, and for the seized items to be returned.

Ikhlas is also seeking a court declaration that the raids and seizures conducted against its members are null and void, and that banning the sale of vape products through state-level enforcement actions are illegal.

The directors-general of the Ministry of Health and the Ministry of Domestic Trade, Co-operatives and Consumerism, the Johor Baru City Council (MBJB) and the inspector-general of police, are the four named as defendants in the suit filed in the High Court in Kuala Lumpur.

Speaking to reporters outside the Kuala Lumpur Court Complex, Ikhlas president Mohd Ridzuan Abdullah said the group is tired of "certain civil servants" whom he claims to have acted hastily against the traders.

He said although the Johor Sultan ( photo )has decreed that vape traders in the state should cease operations from Jan 1 next year, the authorities named in the suit have already conducted raids against the businesses.

“ We are not going against the government today, but we want to teach a lesson to certain civil servants who acted hastily against the traders by confiscating vape products and so on...

“ The traders are prepared to move to another state, but why did they hastily go ahead with the confiscations? That means they are not abiding by the (Johor) sultan's decree,” Ridzuan said.

Denies e-liquids contain nicotine

Meanwhile, lawyer Zulhasmi Zakaria who is representing Ikhlas said the group is seeking clarity on the status of vape products – whether it is legal or not.

He said the government claims that the e-liquids used in vaping contain nicotine, hence its sale without a licence is a violation under the Poisons Act 1952.

Despite this, he said no action had been taken against the traders under the Poisons Act.

Instead, of the two traders that were offered the compound, the action was taken against them under the Price Control Anti-Profiteering Act 2011 (PCAPA) and a MBJB by-law against trading without a licence.

“The traders are now in a state of confusion on whether they can do business or not. So we want a final word on this. Let the court decide,” he said.

According to the statement of claim, the defendants had conducted a joint operation on Dec 15 that affected Ikhlas members, which, among others, go by the trade names Vape Bro, Vape King and Vape Lab.

The alleged offence under PCAPA was for not displaying price tags. The items confiscated amount to some RM400,000.

The statement of claim denies that e-liquids contain nicotine or any banned substance, and says it is up to the Health Ministry to prove the contrary.

It says that the actions by the defendants are against the law, ill-intentioned and beyond the defendants' powers.

The group also denies the alleged offences under the PCAPA and the MBJB by-law, and accuses MBJB of acting against the law and beyond its powers by refusing to issue the traders with business licences.

Zulhasmi said the group would also apply for an interim injunction to stop further raids against vape traders, pending a final decision from the court on the case filed today.

The application for the interim injunction is slated to be filed tomorrow.

Meanwhile, Ridzuan said his NGO is now vetting some 1,000 cases of raids against vape traders, and studying the feasibility of filing more lawsuits against actions in other states.