Kerajaan gugur rayuan berkait keputusan cecair vape

On May 15, the Malaysian High Court ruled in favor of three public health groups, overturning the government's decision to exclude nicotine vape juice and e-cigarette liquid from the list of regulated poisons. The Malaysian capital, PETALING JAYA, reported that the government has withdrawn its appeal against the High Court's ruling that the actions taken by Putrajaya to exempt nicotine vape juice and e-liquid from the list of regulated poisons were unlawful under the law.

CodeBlue reported that a Malaysian bar association attorney has filed a notice to dismiss the appeal at the Court of Appeals today. According to the health think tank, the notice indicates that the Health and Parliamentary Minister wishes to withdraw and halt the appeal against the respondents, without any cost order. FMT tried to obtain a comment from the Health Ministry regarding the matter.

On May 15, the High Court in Kuala Lumpur sided with three public health groups and ruled that the government's decision to remove nicotine vape juice, used in vapes and electronic cigarettes, from the list of regulated poisons in 2020 was irrational. Judge Aliza Sulaiman also found the exemption order to be irrational as it was made without proper consultation with the Poison Control Institution.

The suit was filed by the Malaysian Tobacco Control Control Board, Green Lung Association Malaysia, and Children's Voice. In his judgment, Judge Aliza, who is now a High Court judge, found that the exemption was driven primarily by economic considerations related to the government's plan to impose a tax on nicotine vape juice. He stated that the exemption created a loophole in the regulation of nicotine-containing vape products before the Health Products (Control) Act 2024 came into force on October 1, 2024.

He ruled that Parliament never intended to allow nicotine-containing vape products to be unregulated during that period.