A coalition of vape industry groups has called on the Prime Minister to urgently intervene to address ongoing legal and administrative confusion following a recent High Court ruling involving nicotine exemption under the Poisons Act 1952.
The groups said the situation has created significant uncertainty over how the Control of Smoking Products for Public Health Act 2024 (Act 852) interacts with the Poisons Act 1952 (Act 366), affecting business operations, investor confidence and regulatory clarity in the sector.
A broader issue has emerged in the industry as stakeholders warn that inconsistent interpretation of overlapping laws could undermine the stability of regulated businesses. Industry observers note that regulatory certainty is crucial for maintaining compliance standards and sustaining long-term investment.
According to a memorandum submitted to the Prime Minister, there have been reports of delays or pauses in the registration process for vape products and nicotine liquids, with no official explanation provided on the legal basis for the actions taken by authorities.
The memorandum stated that this has raised concerns over the status of already registered products as well as pending applications, despite Act 852 remaining in force. It added that clearer guidance is needed to ensure consistent enforcement across agencies.
Malaysia E-Vaporizers and Tobacco Alternative Association (MEVTA) chairman Mohamad Neezam Talib, speaking on behalf of five industry bodies, said companies have already complied with all regulatory requirements, including product registration, labelling, testing, certification and tax payments.
He said around 2,000 products have been registered, generating an estimated RM10 million in fees for the government, excluding additional compliance costs and investments in local manufacturing and workforce development.
The industry groups stressed that prolonged uncertainty could undermine legal certainty, administrative consistency and legitimate expectations of businesses that have invested based on existing government policies. They also warned that investor sentiment and job creation could be affected if inconsistencies continue.
They further argued that the vape sector contributes to the national economy through employment, supply chain activities, logistics and tax revenue, and said any disruption in policy implementation could have wider economic implications.
The memorandum was jointly supported by MEVTA, Malaysia Retail Electronic Cigarette Association (MRECA), Persatuan Peniaga Vape Melayu (PPVM), Malaysian Vape Industry Advocacy (MVIA) and Dewan Perniagaan Vape Malaysia (DPVM), which collectively urged the government to issue a clear legal clarification on the relationship between the two Acts.
