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MMA demands answers over reported move to exempt vape nicotine from Poisons List

Association questions Health Ministry’s commitment to nationwide vape ban, warns of growing misuse of devices to consume illicit drugs

4:21 PM MYT

 

KUALA LUMPUR – The Malaysian Medical Association (MMA) has demanded an explanation from the government over a reported proposal to remove liquid nicotine used in vape products from the Poisons List, questioning whether the administration remains committed to a nationwide ban on vaping.

MMA president Dr Sivanaesan Letchumanan said the association was concerned by a CodeBlue report that Health Minister Datuk Seri Dr Dzulkefly Ahmad had proposed the exemption, which had reportedly received backing from the Poisons Board.

“If this is true, MMA strongly objects to such a move. This proposal raises serious questions about the government’s commitment to protecting public health,” he said in a statement today.

Sivanaesan called on Dzulkefly to explain the rationale behind the proposal immediately, stressing that any decision to exempt liquid nicotine must be supported by clear public health considerations.

He cautioned against repeating the government’s 2023 decision to remove liquid nicotine from the Poisons List, which was made despite objections from the Poisons Board.

He pointed out that the High Court overturned the exemption in May this year, ruling that the decision was irrational and influenced by economic considerations.

“Are we now repeating the same mistake?” he asked.

Although the regulatory framework has since changed with the implementation of the Control of Smoking Products for Public Health Act 2024 (Act 852), Sivanaesan maintained that legislation alone would not adequately address the dangers associated with vape products.

“The ultimate goal must be a complete nationwide ban on vape products,” he said.

He also highlighted the growing misuse of vape devices to consume substances containing illicit drugs, warning that the problem had evolved beyond nicotine addiction.

In July, the Home Ministry disclosed that 718.43kg of vape products suspected of containing prohibited substances had been seized between 2023 and June 2026. The operations involved 585 arrests across 400 cases.

“These figures are deeply alarming,” Sivanaesan said, warning that drug-laced vape products could contribute to substance dependence, serious medical complications, increased pressure on healthcare services and broader threats to public safety.

He recalled that Dzulkefly had acknowledged in June that the discovery of dangerous synthetic drugs in vape products provided compelling grounds for a nationwide ban.

The minister had also previously described a vape ban as no longer a question of “if”, but “when”, with the government targeting nationwide implementation in 2026.

“What has changed? Why is the government reportedly considering a move that could facilitate the continued sale of nicotine-containing vape products, when it had previously committed to banning them?” Sivanaesan said.

He questioned whether Putrajaya was still pursuing its promised nationwide prohibition or had effectively abandoned the commitment.

“The government has a responsibility to protect public health, particularly the health and well-being of future generations. Every decision must be guided by scientific evidence and public health priorities, rather than commercial considerations,” he added.

MMA reiterated its call for a nationwide ban on vape products, particularly to shield children and young people from nicotine addiction.

It urged the Health Minister to reaffirm the government’s commitment to the prohibition and announce a clear implementation timeline.

“Malaysia should be moving towards eliminating vape use, rather than normalising and accepting it as part of society,” Sivanaesan said.

Yesterday, CodeBlue reported that the Poisons Board had endorsed Dzulkefly’s proposal to remove liquid nicotine used in vape products from the Poisons List, potentially paving the way for nicotine-containing vape products to be legally sold again through a ministerial order.

Malaysian Pharmacists Society president Prof Amrahi Buang reportedly said the board had conducted a secret ballot on the proposal, although members were bound by confidentiality requirements.

The proposed exemption has yet to be gazetted, while the Health Ministry has not publicly outlined the reasons for considering the move.

According to the report, the proposal followed the High Court’s May ruling overturning the previous exemption introduced in 2023. The government subsequently withdrew its appeal in August.

Without an exemption, liquid nicotine remains restricted under the Poisons Act 1952, although Act 852 permits the sale of nicotine vape products to adults.

A source told CodeBlue that the board supported the proposed exemption because the court ruling had created a regulatory conflict. The source added that the board wanted stricter enforcement of Act 852 rather than opposing a nationwide vape ban.

The latest development also represents a shift from the board’s position in 2023, when it opposed a similar exemption, warning that it could create a legal loophole and expose children to vape products. – November 3, 2026

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