The High Court today ruled that the government’s decision to remove liquid nicotine used in vape and electronic cigarette products from the poisons list was irrational and made without proper consultation with the Poisons Board.
Judge Datuk Aliza Sulaiman made the ruling after allowing a judicial review application by three non-governmental organisations (NGOs) seeking to quash part of the Poisons (Amendment of Poisons List) Order 2023, which exempted vape liquids and gels from the Poisons List.
The court found that the exemption was ultra vires, or contrary to, Section 6 of the Poisons Act 1952.
On October 14, 2023, the Malaysian Council for Tobacco Control (MCTC), Malaysian Green Lung Association (MGLA), and Voice of the Children (VOC) were granted leave by the court to commence judicial review proceedings against the Ministry of Health (MOH) and the government as respondents.
The three NGOs filed the judicial review application on June 30 of the same year to challenge part of the Poisons (Amendment of Poisons List) Order made by the first respondent on March 31, 2023, and sought a declaration that the order was invalid.
They also sought a court order declaring the Health Ministry’s directive to remove nicotine from the Poisons Act as null and void.
