KUALA LUMPUR – Former health minister Datuk Dr Zaliha Mustafa has defended her 2023 decision to remove liquid nicotine from the Poisons Act 1952, calling it a “critical step” to bring the multibillion-ringgit vape industry under proper regulation.
Responding to the High Court ruling that quashed her exemption order, Dr Zaliha said the policy was necessary given the state of the market at the time, local media reported.
“Before March 2023, enforcement under the Poisons Act 1952 was no longer able to contain the flooding of vape products in the market. Despite being a controlled poison, nicotine vapes were being sold openly in the black market,” she said, as quoted by The Star.
Dr Zaliha emphasised that the decision needed to be understood in a broader context.
“The exemption was a critical step to pull the industry out of the black market so it could be declared, its supply chain monitored, and taxed. This matter was also discussed in detail by the Cabinet at the time,” she said.
To close the legal loophole created by the exemption, Dr Zaliha tabled the Control of Smoking Products for Public Health Bill in June 2023. The legislation, now enforced as Act 852, regulates smoking products, vape devices, and nicotine liquids while strictly prohibiting sales to minors.
“With Act 852 fully operational, the legal loophole has been filled. Therefore, government lawyers correctly argued in court that this judicial review has largely become academic and no longer has a practical effect on the current public health ecosystem,” she said.
“Malaysia now has a tobacco and vape control ecosystem that is much safer, comprehensive, and protects the younger generation, compared to when we only relied on the outdated provisions of the Poisons Act,” she added.
While defending the policy, Dr Zaliha said she respected the High Court’s ruling and acknowledged the role of health NGOs in initiating the case.
“The legal challenge is proof of a healthy democratic system of checks and balances. Both the government and NGOs share the ultimate goal of protecting the health of Malaysians,” she said.
Dr Zaliha also confirmed that the Health Ministry would appeal the decision at the Court of Appeal, noting that it was too early to draw final conclusions.
“This appeal process is important to correct the legal interpretation regarding the executive power of a Minister in making policy decisions for the strategic interest of the country. The decision taken in 2023 was a bold step that ultimately succeeded in safeguarding the people under Act 852, which is currently in force,” she said.
On May 15, the High Court ruled that the 2023 government decision to delist liquid nicotine from the Poisons Act 1952 was “irrational”. Justice Aliza Sulaiman allowed a judicial review filed by three NGOs against the Health Ministry and the government, citing the exemption of nicotine liquids and gels used in e-cigarettes. – May 16, 2026