Kuala lumpur: Former Health Minister Dr Zaliha Mustafa today defended the government's 2023 decision to exempt nicotine liquids and gels from the Poisons Act 1952. She described the move as necessary at a time when vape products were widely accessible, particularly among young people. Her comments followed a High Court decision allowing a judicial review application by three health-related NGOs challenging the exemption.
According to BERNAMA News Agency, Dr Zaliha stated that the Ministry of Health (MOH) would appeal the ruling at the Court of Appeal. She emphasized the importance of the legal process in clarifying the scope of ministers' executive powers in policy decisions involving national strategic interests. Dr Zaliha noted that the appeal process was ongoing, making it too early to draw conclusions.
The Sekijang Member of Parliament explained that the 2023 decision should be viewed within the context of a growing vape industry, where nicotine vape products were sold openly despite existing legal restrictions. She mentioned that enforcement under the Poisons Act 1952 had become ineffective in curbing the widespread sale of vape products, many of which circulated through the black market without regulation.
Dr Zaliha asserted that the 2023 decision was a bold step that ultimately protected public safety under Act 852, currently in force. The exemption aimed to bring the multi-billion-ringgit vape industry into a regulated framework, allowing authorities to monitor, tax, and control the products more effectively.
She highlighted that the matter was extensively discussed at the Cabinet level before she tabled the Control of Smoking Products for Public Health Bill in Parliament in June 2023. This legislation sought to address the legal loophole, and it has since come into force as the Control of Smoking Products for Public Health Act 2024 (Act 852), regulating tobacco products, vape devices, and nicotine liquids, while prohibiting sales to minors.
Dr Zaliha stated that with Act 852 now fully operational, Malaysia has a comprehensive regulatory ecosystem to protect public health and the young generation. While acknowledging concerns raised by health advocacy groups, she respected the court's decision as part of the democratic process. She noted that the government and NGOs share the same ultimate goal of protecting Malaysians' health.
She added that government lawyers argued in court that the judicial review had largely become academic because the new law was already in force, replacing the previous regulatory gap.