Kuala lumpur: The Health Ministry (MOH) will hold further discussions with the Attorney General's Chambers (AGC) in the near future to refine the legal aspects of the judicial review involving procedural issues related to the exemption of liquid nicotine and nicotine gel from the Poisons List under the Poisons Act 1952.
According to BERNAMA News Agency, the discussions will include examining legal options and determining the appropriate follow-up action. The MOH emphasized that the court's decision reflects a healthy system of checks and balances, demonstrating significant concern from the public, civil society organizations, and other stakeholders regarding policies aimed at protecting public health.
The MOH stated that both the ministry and non-governmental organizations (NGOs) share the same ultimate goal of safeguarding the health and safety of Malaysians. Future developments and actions regarding this matter will be announced once consultations with the AGC are finalized in the near future.
Furthermore, the MOH reiterated its commitment to strengthening control efforts on tobacco and smoking products through continuous monitoring under the Control of Smoking Products for Public Health Act 2024 (Act 852), with a particular focus on protecting children and young people.
On Friday, the Kuala Lumpur High Court allowed a judicial review application filed by three NGOs challenging the government's 2023 decision to exempt liquid nicotine and nicotine gel used in vape products from the Poisons List. The NGOs involved are the Malaysian Council for Tobacco Control, Green Lung Malaysia, and Voice of the Children.
Judge Datuk Aliza Sulaiman expressed satisfaction that the applicants had established that the government's decision to grant the exemption, primarily driven by economic considerations before Act 852 came into force on October 1, 2024, was irrational.