Is sale of vapes with nicotine liquids, gels now banned, govt asked

The Galen Centre for Health and Social Policy is urging the Malaysian government to clarify the legal status of nicotine-containing vape liquids and gels, following the High Court's ruling invalidating their exemption from the poisons list. This uncertainty has left the sale of these products in a legal limbo, according to the think tank's CEO, Azrul Khalib.

The Poisons Act and Control of Smoking Products for Public Health Act do not address the legal status of nicotine liquids and gels, creating questions about how both laws would operate together. The government previously argued that the exemption was necessary to enable these products to be legally taxed and regulated. However, the removal of this exemption may restrict or even nullify the products' previous legality, according to Azrul.

He called on relevant ministries to provide clear guidance to stakeholders, emphasizing that the country cannot afford another period of legal uncertainty over nicotine products. The High Court struck down the ministerial order in May, ruling that the exemption was unlawful due to a lack of proper consultation with the Poisons Board.

The court found that the exemption was driven by economic considerations related to the government's plan to tax vape liquids containing nicotine.