Malaysian Government Urged to Clarify Liquid Nicotine Legal Status

The Malaysian government must clarify the legal status of liquid and gel nicotine used in vapes after withdrawing its appeal against a High Court ruling. The court previously invalidated the state’s decision to exempt nicotine from the poisons list, leaving a gap in the nation’s tobacco control laws.

MCTC secretary-general Muhammad Sha’ani Abdullah stated that the Control of Smoking Products for Public Health Act 2024 (Act 852) does not legalize liquid nicotine on its own. While Act 852 regulates vape sales and bans purchases by minors, the underlying substance remains in a legal gray area.

Resolving the Conflict Between Act 852 and the Poisons Act

“The government must review the compatibility of Act 852 with the Poisons Act, including all subsidiary regulations relating to vaping,” Sha’ani said. He questioned whether liquid nicotine remains controlled under the Poisons Act or if the government plans to introduce a new, legally valid exemption.

The legal dispute began after the government gazetted the Poisons (Amendment of Poisons List) Order 2023 on April 1, 2023, removing liquid and gel nicotine from poisons control. This decision was challenged through a judicial review by the MCTC, the Malaysian Green Lung Association, and Voice of the Children.

In May, the High Court ruled that the removal of liquid nicotine was irrational and executed without proper consultation with the Poisons Board. The Attorney-General’s Chambers recently withdrew its appeal against this ruling, effectively reinstating the High Court’s decision.

Demanding Scientific Basis for Vape Regulations

Sha’ani emphasized that the withdrawal of the appeal requires the government to reconcile its legal framework. He argued there is no scientific justification for allowing the inhalation of foreign substances into human lungs.

“Smoking tobacco products as a long-practised habit can never be a justification for human-invented devices to be legally condoned for smoking,” Sha’ani added. The MCTC is now calling for clear enforcement guidance to protect public health while the legal status is finalized.

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.