Malaysia government withdraws appeal over nicotine vape exemption

The Malaysian government has withdrawn its appeal against a High Court ruling that declared the exemption of liquid nicotine from the Poisons List unlawful. This decision follows a court finding that the previous exemption was ‘irrational’.

Health Minister Dzulkefly Ahmad stated that the withdrawal was intended to ensure alignment between the Poisons Act 1952 and the Control of Smoking Products for Public Health Act 2024. He announced that a media briefing will be held to explain the legal and policy implications of the decision and to clarify that the government does not intend to stop regulating vaping.

The Malaysia E-Vaporizer and Alternative Tobacco Association (Mevta) has warned that the ruling creates significant legal and commercial uncertainty across the entire nicotine supply chain. Mevta noted that while the Control of Smoking Products for Public Health Act 2024 permits the sale of smoking substances to adults, the Poisons Act 1952 restricts the dispensing of Group C poisons, such as nicotine, to pharmacists or medical practitioners. The industry is calling for the government to reconcile these two statutory regimes to provide clarity for manufacturers and retailers.