MOH, AGC to refine legal aspects of nicotine gel exemption review

PUTRAJAYA, May 18 — 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.

In a statement today, the ministry said the discussions would include examining legal options and determining the appropriate follow-up action.

MOH said the court’s decision reflected a healthy system of checks and balances and demonstrated that the public, civil society organisations and other stakeholders were deeply concerned about policies aimed at protecting public health.

“Both MOH and non-governmental organisations (NGOs) share the same ultimate goal, which is to safeguard the health and safety of Malaysians. Developments and further action on this matter will be announced once consultations with the AGC are finalised in the near future,” it said.

MOH said it remained committed to strengthening tobacco and smoking product control efforts through continuous monitoring under the Control of Smoking Products for Public Health Act 2024 (Act 852), particularly to protect 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 are the Malaysian Council for Tobacco Control, Green Lung Malaysia and Voice of the Children.

Judge Datuk Aliza Sulaiman said the court was satisfied that the applicants had established that the government’s decision to grant the exemption, which was primarily driven by economic considerations before Act 852 came into force on Oct 1, 2024, was irrational. — Bernama