'Same path again?' Critics question minister over second bid to delist liquid nicotine

Public health advocates have urged Health Minister Dzulkefly Ahmad to explain the ministry’s alleged proposal to again exempt liquid nicotine used in vape products from the Poisons List, less than a year after the High Court ruled the delisting illegal. 

The calls for clarity came after health portal CodeBlue yesterday reported that Dzulkefly’s “imminent exemption order” for the addictive substance was backed by the Poisons Board, which is said to have held a secret ballot on the matter.

The alleged order, if gazetted, could contradict Dzulkefly’s previous stance supporting a ban against vape products, with the minister noting in August 2025 that a cabinet memorandum on the matter will be tabled by the end of last year.

In a statement today, the Malaysian Medical Association (MMA) said Dzulkefly should make clear his stance on the matter.

The association questioned why the government is reportedly considering a move that could facilitate the continued sale of nicotine-containing vape products when it previously committed to banning them.

MMA president Dr L Sivanaesan pointed out that in 2023, the government had proceeded with the exemption of liquid nicotine from the Poisons List despite objections from the Poisons Board.

In May this year, the Kuala Lumpur High Court allowed a judicial review brought by three NGOs against then health minister Dr Zaliha Mustafa and the government over the 2023 decision which delisted liquid and gel nicotine products as scheduled poisons.

READ MORE: Govt drops liquid nicotine appeal, health groups demand clarity

High Court judge Aliza Sulaiman found that the government, through the Health Ministry, had acted illegally and irrationally in a move that was primarily driven by economic considerations. 

“Are we now heading down the same path again? Are we putting the health of Malaysians first, or are commercial interests and tax revenue taking precedence?” Sivanaesan questioned today.

He highlighted that while the regulatory landscape has changed with the Control of Smoking Products for Public Health Act 2024 in force, the public health risks remain, with the government bearing a responsibility to protect the well-being of future generations.

Major public health consequences

Affirming that “regulation alone is not enough”, Putrajaya’s end goal should be a complete nationwide ban on vape products, the health expert voiced alarm over the growing problem of drug-laced vape products in Malaysia.

“In July this year, the Home Ministry revealed that 718.43kg of vape products suspected of containing prohibited substances had been seized between 2023 and June 2026, with 585 arrests involving 400 cases. These are disturbing figures.

“Drug-laced vaping threatens to create a much wider public health and social problem, potentially contributing to drug dependency, serious medical complications, greater pressure on healthcare services, and broader public safety concerns,” he cautioned.

He added that if the government opts to continue allowing vape products in the market despite mounting evidence of the risks, Dzulkefly must be prepared to accept responsibility for the consequences of such a policy decision, particularly if drug-laced vaping and its associated harms escalate further.

Explain position change

In a separate joint statement, the Addiction Medicine Association of Malaysia and the Federation of Private Medical Practitioners’ Associations Malaysia also expressed “serious concern” over the recent developments.

Urging a deferment on the gazettement of any new exemption order pending public clarification and meaningful engagement with relevant medical and public health organisations, the groups also pressed the Health Ministry to disclose the scientific, legal, and public health considerations underlying the proposed exemption and the Poisons Board’s “changed position”.

They also sought an explanation of how the proposed exemption addresses the High Court’s judgment, including Malaysia’s obligations to protect children from nicotine addiction. 

Expressing similar sentiments, Bandar Kuching MP Dr Kelvin Yii stressed that if the government has reversed its stand on banning vape, the rakyat deserve an honest explanation on the justifications behind such a move. 

“On vape, the government should not gazette any exemption of liquid nicotine before the cabinet makes a final decision on the ban, as doing so would lock in legal sales and make a future ban far harder,” the DAP MP said in a statement today.

“It should table the cabinet memorandum (on the ban) and announce a firm date, starting with open-system devices that have been abused with synthetic drugs.”

He added that pending the potential tabling, the Control of Smoking Products for Public Health Act must be strictly enforced, especially on sales to minors and online sales, while current users should be given real help to quit through free cessation services at clinics and pharmacies.

“The minister has said the right things before; now he must tell Parliament and the rakyat where the vape ban stands, and whether re-exempting liquid nicotine means that ban has been quietly abandoned.

“Tackling NCDs (non-communicable diseases) requires consistent policy, and that starts with not making addictive products easier to buy,” he emphasised.

COMMENT | Vape sales ban: Public health must prevail over commercial interests

Govt drops liquid nicotine appeal, health groups demand clarity

SNAPSHOT | Rafizi's aide claims Bersama fundraiser torpedoed; minister cites 402 drug cases in vape ban push

COMMENT | Bans lack bite in Malaysia

S'gor moots vape tax be distributed to states, local authorities

Govt mulls raising vape tax from 40 sen to RM4 per ml