The nicotine court ruling: what it means and why it matters

The recent High Court ruling on the removal of liquid nicotine from the Poisons List has sparked discussions about its implications and significance. As the chairman of the Malaysian Council for Tobacco Control, the author played a crucial role in bringing the legal challenge against this decision. The controversy began in March 2023 when nicotine-containing products, used in electronic cigarettes and vaping devices, were exempted from the Poisons List.

This move removed an existing layer of protection before the comprehensive system intended to replace it came into force. The High Court found that this exemption created a loophole, allowing children to easily access nicotine-containing products. The decision was made despite the fact that the new Act governing nicotine-containing vape products was not even tabled at the time.

Additionally, the court ruled that the Poisons Board did not properly consult on the exemption, citing that consultation must be meaningful, purposeful, and effective. Furthermore, the judgment highlighted that the exemption was closely linked to the government's decision to impose excise duty on nicotine-containing vape liquids, suggesting that economic considerations, not public health, were the primary motivation.

The ruling emphasizes the importance of public health decisions being made with the well-being of children and young people at the forefront, and stresses the need for expert advice to be genuinely considered in policy-making processes.