Public health groups urge against appeal on nicotine ruling


PETALING JAYA: Public health advocates are urging the Malaysian Government to accept a recent High Court decision that struck down the 2023 exemption of liquid nicotine from the Poisons List, warning that an appeal could undermine efforts to protect children and youth from nicotine addiction.

The Malaysian Council for Tobacco Control (MCTC) clarified that nicotine remains a listed poison under the Poisons Act 1952, but the 2023 exemption removed controls on liquid nicotine used in vape products. The High Court found the exemption “irrational” and said it was made without proper consultation with the Poisons Board, as required by law.

MCTC expressed concern that appealing the decision sends mixed signals about the government’s commitment to public health, especially as nicotine dependence among youth is rising. The group called for a precautionary approach that prioritises child protection and public health over commercial interests.

Echoing these concerns, the Consumers’ Association of Penang (CAP) urged the Health Ministry to withdraw its appeal and immediately reinstate nicotine as a controlled poison. CAP described the court ruling as a “major victory” for children’s health and called on Malaysia to follow other South-East Asian countries in imposing stricter controls or outright bans on e-cigarettes and vaping products.

Both organisations emphasised the need for a comprehensive regulatory framework to close loopholes, prevent youth access, and protect public health.

 

 

 

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