KUALA LUMPUR — Seven doctors’ and dentists’ associations, along with a general practitioner from Sabah, have filed a judicial review to challenge the government’s mandatory drug price display order for private healthcare facilities.
The legal challenge, filed in the High Court on July 24, names the domestic trade and cost of living minister, the health minister, and the Malaysian government as respondents. The applicants are seeking to quash the Price Control and Anti-Profiteering (Price Marking for Drug) Order 2025, which came into effect on May 1.
The associations argue that the order exceeds the powers granted under the Price Control and Anti-Profiteering Act 2011, as it applies to medicines classified as poisons administered by registered professionals under the Poisons Act 1952.
“The Impugned Order was made in excess of the 1st Respondent’s power,” said the applicants, who include the Malaysian Medical Association, Federation of Private Medical Practitioners Associations Malaysia, and Malaysian Private Dental Practitioners’ Association, among others.
They argue that medical and dental practitioners do not operate like retailers, and that selling drugs is part of the overall treatment process—not a standalone commercial transaction.
“To require medical and dental clinics to display drug prices at the outset even before any consultation is done… is incongruent with the reality and structure of medical and dental treatment,” they said.
The applicants added that existing healthcare laws—including the Private Healthcare Facilities and Services Act (PHFSA)—already regulate matters like labelling, fees, and patient rights. They said any cost-control measures should instead come under the purview of the health minister, not the trade ministry.
They further pointed out that price transparency regulations would disproportionately burden small general practice and specialist clinics, which lack the purchasing power of large retail chains. This, they warned, could create “unwarranted competition” based solely on price.
While the regulation is still in a grace period until July 31, the applicants are also seeking a stay of enforcement to prevent possible criminal prosecution before the court rules on the matter.
“If criminal prosecutions are commenced and the Impugned Order is ultimately quashed… the costs incurred, damage suffered, and public funds used would be irreversible and irreparable,” they said.
The groups also criticised Domestic Trade Minister Datuk Armizan Mohd Ali for allegedly failing to consult them meaningfully or to engage with Health Minister Datuk Seri Dr Dzulkefly Ahmad despite concerns raised as early as March.
Case management is scheduled for August 22. The applicants are represented by lawyers Gurdial Singh Nijar and Abraham Au.
This marks the second major lawsuit by medical groups against the government, following last year’s challenge over the delisting of liquid nicotine as a scheduled poison. — July 29, 2025