Concerns raised over proposal to exclude nicotine from Poisons Act

Concerns have been raised regarding the possibility of nicotine being removed from the list of controlled substances under the Poisons Act 1952.

Malaysian Medical Association (MMA) president Dr Muruga Raj Rajathurai urged the government to get the Tobacco Control Bill passed first before the removal, so there will be control over the sale of vape products.

"We are deeply concerned as once nicotine is removed from the Poisons Act, vape containing the substance can then be sold in the public domain legally, and with no control to prohibit the sale of these items to minors.

"Vape with nicotine is due to be taxed - according to the prime minister in Budget 2023. This is a de facto legalisation of nicotine, allowing it to be sold in the public domain," Muruga said in a statement.

He pointed out that nicotine, which is a dangerous and highly addictive substance, is currently listed as a prescription item in the list of controlled substances in the Poisons Act.

The Control of Tobacco Product Regulations (CTPR) only covers nicotine within cigarettes and has controls in place to ensure cigarettes can only be sold to those above 18 years of age.

"Removing nicotine from the Poisons Act before passing the Tobacco Control Bill will give children unhindered access to vape products containing nicotine - which will lead to a whole new generation of children and young people becoming addicted.

"As agreed and discussed by all parties, the Tobacco Control Bill needs to be passed first. Only then there will be adequate control of vaping including vaping devices with nicotine, and we can move to tax vape, as well as allow the sale to those older than 18 under controlled conditions."

'Sends the wrong message'

Meanwhile, the Malaysian Pharmacists Society (MPS) has called on the government to reject the proposal to exclude liquid or nicotine gel from poison control regulations under the Poisons Act.

Its president Amrahi Buang said such a proposal would be detrimental to the health and safety of the public and is not in the national interest.

“Excluding it from the Poisons Act would send the wrong message to the public, particularly young people, and could lead to an increase in the use of e-cigarettes and vaping.

“We urge the government to strengthen regulations around e-cigarettes and vaping including restrictions on marketing and advertising and to increase public education about the dangers of nicotine use,” Bernama quoted him saying in a statement yesterday.

The Poisons Board is expected to meet soon to discuss the exemption of the control of nicotine under the Poisons Act to allow the government to tax it.

Citing a Health Ministry study, Amrahi said the prevalence of e-cigarette use among adults in Malaysia has increased from 0.3 percent in 2015 to 1.3 percent in 2019, and the majority of e-cigarette users are young adults between 18 and 24.

He said according to the World Health Organization (WHO), vaping has been linked to more than 40 deaths worldwide with over 2,000 cases of lung injury reported in the United States whereas, in Malaysia, there have been several cases of lung injury and deaths related to the use of e-cigarettes and vaping.

“As pharmacists, we are committed to promoting public health and safety. Nicotine, whether in liquid or gel form, is a highly addictive substance that poses significant health risks.

“Studies have shown that nicotine use can lead to cardiovascular disease, lung disease, and cancer. Additionally, nicotine use during pregnancy can harm the developing fetus and lead to complications during childbirth,” he added.

The Poisons Act was established to protect the public from the dangers of hazardous substances, including nicotine, and to regulate their sale, supply, and use.

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