Explain liquid nicotine U-turn, MMA urges health minister

In May, a Malaysian court ruled against a minister's order that exempted liquid and gel nicotine from the poisons list, stating it was unlawful due to lack of proper consultation with the Poisons Board. The Malaysian Medical Association (MMA) has called upon Health Minister Dzulkefly Ahmad to provide an explanation for recent reports suggesting the government is once again considering this exemption.

The MMA's president, Dr L Sivanaesan, expressed deep concern over the proposal, which was reportedly endorsed by the Poisons Board. He urged the minister to clarify the public health rationale behind the proposed exemption. The MMA emphasized that the experience of 2023 should not be repeated, as the High Court struck down the previous exemption, deeming it irrational and driven by economic factors.

In May 2023, Health Minister Dr Zaliha Mustafa had issued an exemption order for liquid and gel nicotine, facing criticism from public health groups. The government claimed the move was necessary to bring the vape industry out of the black market for monitoring and taxation purposes. However, the Kuala Lumpur High Court ruled in May that the exemption was unlawful and created a legal gap in regulating nicotine vape products prior to the Control of Smoking Products for Public Health Act 2024, which took effect on October 1, 2024.

Sivanaesan questioned the government's commitment to protecting public health and urged the minister to state his position on vaping. He pointed out the government's previous commitment to banning vapes and asked why there was a shift towards potentially facilitating their continued sale. Sivanaesan also questioned the government's priorities, emphasizing that Malaysian public health should be the top concern, and commercial interests and tax revenue should not take precedence.

He reiterated the MMA's stance that vapes pose a significant threat to public health, particularly among young Malaysians, and should be banned nationwide.