Vape group urges legal clarity after High Court ruling on liquid nicotine

KUALA LUMPUR, Sept 8 — The Malaysian Organisation of Vape Entity (MOVE) has called for urgent legal and regulatory clarity following a High Court ruling that nullified the 2023 exemption of liquid nicotine from the Poisons List.

The industry group, which represents more than 55,000 members, said the government’s decision not to pursue an appeal against the ruling had created legal uncertainty that could push consumers towards an illicit vaping market.

MOVE president Samsul K. Arrifin said the government should reconcile the Control of Smoking Products for Public Health Act 2024 (Act 852) with the Poisons Act to establish a clear and consistent regulatory framework.

“Malaysia has already taken an important step by enacting the Control of Smoking Products for Public Health Act 2024 (Act 852). What is needed now is clarity and consistency in how the law is implemented. A regulatory outcome that removes compliant businesses without addressing existing demand could simply push that demand into an unregulated market,” he said in a statement.

MOVE said its main concern was that a prohibition-driven outcome could undermine safeguards intended to protect consumers and young people.

It said registered retailers could be subjected to age-verification requirements, standard operating procedures and enforcement oversight, unlike illicit sellers operating outside those controls.

The group also warned that an unregulated market could increase the risk of products containing unknown ingredients or tampered liquids, while making it harder for authorities to enforce product standards, traceability requirements and tax collection.

“Prohibition does not automatically remove demand. It removes the regulated channel. If the objective is to protect youth and consumers, the stronger approach is to keep the market visible, accountable and enforceable,” Samsul said.

MOVE said Act 852 should remain the regulatory blueprint and urged the government and Health Ministry to provide immediate legal clarity, regulate rather than prohibit vaping products, and empower compliant retailers to act as gatekeepers against sales to minors.

It called for strict requirements covering product safety, traceability, ingredient transparency and age verification, as well as standardised identity checks and operating procedures for registered businesses.

MOVE said it was ready to engage with the government and relevant authorities on a controlled, data-driven regulatory approach focused on youth protection, consumer safety, product accountability and enforcement.

“A regulated market gives the authorities clear standards to enforce and gives consumers a legitimate channel subject to oversight. Our position is straightforward: protect young people, protect consumers and give regulators the tools to regulate effectively,” Samsul said.