Malaysia nicotine regulation legal dispute

A High Court ruling in Malaysia nullified a 2023 exemption that removed liquid nicotine from the Poisons List, labeling the exemption “irrational” and unlawful because the Poisons Board was not consulted. Following this ruling, the medical group Medical Mythbusters Malaysia (M3) sought government clarification regarding the legality of current stocks, potential product recalls, and the validity of RM354 million in collected vape excise duties.

The Malaysian government subsequently withdrew its appeal against the High Court decision. Health Minister Dzulkefly Ahmad stated the withdrawal aims to align the Poisons Act 1952 with the Control of Smoking Products for Public Health Act 2024, noting that the government does not intend to cease regulating vaping.

However, the Malaysia E-Vaporizer and Alternative Tobacco Association (Mevta) has warned of “significant legal and commercial uncertainty” due to the conflict between the two acts. While the 2024 Act permits the sale of smoking substances to adults, the Poisons Act 1952 restricts the dispensing of nicotine to pharmacists or medical practitioners. The industry is calling for the reconciliation of these statutory regimes.