Keep engaging Poisons Board in regulating nicotine gels, govt urged

The Malaysian Pharmacists Society (MPS) has called on the health ministry to continue working with the Poisons Board and other healthcare professionals in regulating nicotine liquids and gels. Following the High Court's recent ruling, which deemed the exemption of liquid nicotine from the poisons list unlawful due to insufficient consultation with the Poisons Board, the MPS believes the focus should shift towards providing regulatory clarity and protecting Malaysians from nicotine addiction.

MPS president Amrahi Buang welcomed the court's decision to dismiss the government's appeal against the ruling, emphasizing the need to concentrate on addressing the practical implications of the judgment. The society urges the health ministry to offer clear and timely guidance on the regulatory status, sale, and supply of liquid and gel nicotine, as well as how the newly enacted Control of Smoking Products for Public Health Act 2024 will interact with the existing Poisons Act 1952.

Amrahi also stressed that regulation should be complemented by increased access to smoking and vape cessation services, with the primary goal being to curb nicotine addiction among Malaysians. This presents an opportunity to advance forward in addressing the issue. The court's ruling in May last year found that the exemption of liquid and gel nicotine from the poisons list was unlawful because it lacked proper consultation with the Poisons Board.

The court stated that the exemption created a legal vacuum in regulating nicotine vape products prior to the implementation of the Control of Smoking Products for Public Health Act 2024 on October 1, 2024.