Zaliha defends delisting liquid nicotine from poisons list, says MOH to appeal court ruling

Former health minister Dr Zaliha Mustafa has defended her 2023 decision to delist liquid and nicotine gel products from the Poisons Act's First Schedule.

This followed the Kuala Lumpur High Court's ruling yesterday that the government, through the Health Ministry, had acted illegally, irrationally, and without proper consultation with the Poisons Board when it amended the poisons list.

Zaliha today explained that the delisting was a critical move to enable the government to regulate and tax nicotine vape products, of which the sale had been rampant back then despite prohibition.

"This decision must be assessed within the bigger picture. We cannot allow a billion-ringgit industry to operate without any records, registration, or monitoring.

"This exemption (from the poisons list) was a critical step towards bringing the industry out of the black market so that it can be declared, its supply chain monitored, and taxed.

"The matter was also discussed in detail during the cabinet meeting at the time," she said on Facebook.

Zaliha further regarded the delisting decision as a "bold move" by Putrajaya that has led to the Control of Smoking Products for Public Health Act - the bill she tabled in 2024, and has been "successful in safeguarding public health".

Correcting legal interpretation

According to the Sekijang MP, she was informed that the Health Ministry would be appealing against the court decision.

This process, Zaliha added, would be crucial to correct the legal interpretation regarding the health minister’s executive powers in making policy decisions for the country’s strategic interests.

Malaysiakini has reached out to the ministry for comments.

On Friday, the court allowed a judicial review filed by three NGOs against Zaliha and the government over their action delisting liquid and gel nicotine products as controlled items under the Poisons Act in 2023.

The NGOs were Voice of Children, the Malaysian Council for Tobacco Control, and the Malaysian Green Lung Association, which filed the legal challenge in July 2023.

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