Don't contest court review of nicotine in Poisons Act, govt told

The Malaysian Council for Tobacco Control (MCTC) has urged the Health Ministry and the Attorney-General’s Chambers (AGC) not to contest their judicial review to quash the decision to remove nicotine from the list of controlled substances under the Poisons Act 1952.

The group said this would show that the government remains committed to protecting the public's health.

“This is not unprecedented in recent months as the government has exercised its judgment very carefully and correctly in choosing, every time, to side with the greater public interest and the welfare of Malaysians, as seen in the decriminalisation of suicide move, for example,” said MCTC president Dr Murallitharan Munisamy in a press conference in Kuala Lumpur today.

MCTC, the Malaysian Green Lung Association, and the Voice of the Children filed a judicial review leave application at the Kuala Lumpur High Court last Friday.

It was over the Health Ministry’s decision on March 31 to exempt nicotine from the list of controlled substances under the Poisons Act to introduce a new bill to regulate smoking products and devices, including nicotine in liquids and gels used in e-cigarettes and vapes.

Turning to judiciary

Aside from the judicial review, the groups have also applied for a stay on the removal of nicotine from the Poisons Act, which will be heard before the court on July 26.

Murallitharan said he hopes the stay will prevent the uncontrolled sale of e-cigarettes and vapes, especially to the youth and children.

The groups said they had no choice but to resort to the judiciary in an attempt to stop the removal of nicotine from the Poisons Act before the government’s bill on tobacco control is passed in Parliament.

MCTC said they had continuously engaged with the executive branch of government and highlighted the lacuna that would exist with the delisting of nicotine before the tobacco control bill is passed, but to no avail.

They had also hoped the tobacco control bill would be passed swiftly in the last Parliament session, but that did not materialise either, as the bill was tabled and then sent to the Parliamentary Selection Committee for further discussion.

As such, they are now going through the democratic process of asking the last branch of government – the judiciary – to review the decision to delist nicotine.

Nothing to do with polls

Murallitharan stressed that they are not targeting the federal government, especially with the state polls coming up, with their judicial review application.

The timing of their filing is due to various legal reasons, he explained including the fact that they had to wait to see if the tobacco control bill is passed in Parliament or not.

The last day to file a review against the removal of nicotine from the Poisons Act was also on June 30, he explained.

While Murallitharan acknowledged that the court process could take a long time, he said he would be happy if Parliament were to pass the tobacco control bill before their judicial review is resolved.

Once the bill is passed, he said this means there would be proper regulations on the sale of e-cigarettes and vapes.

Their main concern has always been the health of the public, particularly the youth and children, who would be severely affected if they become addicted to nicotine through these devices, he added.

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