Govt drops liquid nicotine appeal, health groups demand clarity

The government has withdrawn its appeal against a Kuala Lumpur High Court ruling earlier this year that found the delisting of liquid nicotine products as controlled items under the Poisons Act 1952 was unlawful.

Health news portal CodeBlue reported that a senior federal counsel from the Attorney-General’s Chambers filed a notice of discontinuance at the Court of Appeal yesterday.

Dated Aug 18, the notice stated that both appellants - Health Minister Dzulkefly Ahmad and the government - were withdrawing and discontinuing the entire appeal.

In May, High Court judge Aliza Sulaiman allowed a judicial review brought by three NGOs against then health minister Dr Zaliha Mustafa and the government over the 2023 decision to delist liquid and gel nicotine products as scheduled poisons.

Aliza found that the government, through the Health Ministry, had acted illegally and irrationally, and failed to properly consult the Poisons Board before delisting the products.

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

Health groups seek nicotine law clarity

In a separate report, CodeBlue cited three medical groups urging Putrajaya to clarify nicotine’s legal status following the withdrawal of the appeal.

Malaysian Pharmacists Society (MPS) president Amrahi Buang called on the Health Ministry to clarify how the Poisons Act and the Control of Smoking Products for Public Health Act 2024 would operate alongside each other.

“The question now is not what happened in 2023, but what Malaysia does next.

“We need clarity, consistency, and a regulatory framework that protects the public while ensuring that those already dependent on nicotine have access to evidence-based cessation support,” he said in a statement today.

In a statement to CodeBlue, Malaysian Medical Association president Dr Thirunavukarasu Rajoo, also known as R Arasu, asked whether the withdrawal meant liquid and gel nicotine would revert to their previous classification as Group C poisons under the Poisons Act, and whether vape sales should be stopped immediately.

‘Why was appeal initially pursued?’

Meanwhile, the Malaysian Women’s Action for Tobacco Control and Health (MyWatch) said the government should never have appealed the High Court ruling.

“The episode has unfortunately created an impression - rightly or wrongly - that commercial or other considerations may at times be competing with public health considerations in decisions involving nicotine and vape.

“MyWatch believes the Health Ministry should now explain clearly why the appeal was initially pursued, what considerations led to its withdrawal, and most importantly, what the legal and regulatory position on liquid nicotine will be following this decision,” said its president Roslizawati Ali in a statement.

On March 31, 2023, the Health Ministry exempted nicotine from the list of controlled substances under the Poisons Act to pave the way for a new law regulating smoking products and devices, including nicotine liquids and gels used in e-cigarettes and vapes.

The following day, Zaliha said vape liquids and related products would instead be regulated under the Control of Smoking Products for Public Health Act 2024.

Following the High Court ruling, the Sekijang MP defended her 2023 decision, saying it was a critical step towards bringing the vape industry out of the black market so it could be regulated and taxed.

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