The Ministry of Health (MOH) will hold further discussions with the Attorney General’s Chambers (AGC) in the near future to examine the legal implications surrounding the judicial review involving procedural issues linked to the exemption order for nicotine liquids and gels from the Poisons List under the Poisons Act 1952.
In a statement issued on Monday, the ministry said the discussions would include reviewing possible legal avenues and determining the appropriate follow-up action moving forward.
The MOH said the court’s decision reflects a healthy system of checks and balances while also highlighting the strong concern shown by the public, civil society groups and stakeholders regarding policies related to public health protection.
“The ministry and non-governmental organisations (NGOs) ultimately share the same goal, which is to protect the safety and health of Malaysians,” the statement read.
The ministry added that any developments and subsequent actions on the matter would be officially announced once consultations with the AGC are finalised.
At the same time, the MOH stressed that it remains committed to strengthening tobacco and smoking product control efforts through continuous monitoring under the Control of Smoking Products for Public Health Act 2024 to safeguard the wellbeing of Malaysians, particularly children and younger generations.
On Friday, the Kuala Lumpur High Court allowed a judicial review application filed by three NGOs challenging the government’s 2023 decision to exempt vape liquids and gels containing nicotine from the Poisons List.
The NGOs involved were Malaysian Council for Tobacco Control, Green Lung Malaysia and Voice of the Children.
High Court judge Aliza Sulaiman ruled that the applicants had successfully proven that the government’s decision to grant the exemption — which was said to be largely driven by economic considerations before Act 852 came into force on Oct 1, 2024 — was irrational.
The ruling has reignited debate over vape regulation and public health concerns in Malaysia, especially involving access to nicotine-based products among youths.
