KUALA LUMPUR: The High Court here has fixed May 15 to deliver its decision on a judicial review filed by three non-governmental organisations (NGOs) challenging the government’s decision to de-list liquid nicotine from the Poisons Act.
Justice Aliza Sulaiman set the date after hearing submissions from all parties on Wednesday (Jan 28).
The Malaysian Council for Tobacco Control (MCTC), the Malaysian Green Lung Association (MGLA) and Voice of the Children (VOC) filed the judicial review application on June 30, 2023.
They are seeking a declaration that a specific provision in the Poisons (Amendment of Poison List) Order made by the Health Ministry on March 31, 2023, is void.
Counsel for the applicants, K. Shanmuga, submitted that the decision to remove liquid nicotine from the Poisons List effectively left vape products unregulated and allowed them to be legally sold to children.
“This situation persisted for close to 17 months until the Control of Smoking Products for Public Health Act 2024 (Act 852) came into force in October 2024,” he said.
Shanmuga said the applicants were no longer seeking an order of certiorari as the matter had been “overtaken by events” following the enforcement of Act 852. However, he argued that a declaratory relief remained necessary as it would benefit the public and provide guidance for future decisions under the Poisons Act.
Meanwhile, Senior Federal Counsel Nurhafizza Azizan submitted that with the approval of the Control of Smoking Products for Public Health Bill 2023 in November 2023, there were no longer any legal gaps in regulating the consumption and sale of vape and electronic cigarette products, particularly to minors.
“We submit that this is no longer a live issue because there is now a law in place to control and regulate the sale of these products,” she said.
Nurhafizza also argued that the Health Minister at the time had acted within the powers conferred by Parliament under Section 6 of the Poisons Act when making the decision.
“The decision was not illegal as it was well within the law,” she said.
On Oct 14, 2023, the High Court granted the three NGOs leave to commence judicial review proceedings against the Health Ministry and the federal government.
The applicants are seeking a declaration that the exemption inserted into the Poisons List was made without proper or adequate consultation with the Poisons Board and was therefore ultra vires Section 6 of the Poisons Act 366.
