MOH and AGC will hold further talks on the judicial review relating to liquid nicotine and nicotine gel exemptions under the Poisons Act 1952.
putrajaya: The Ministry of Health (MOH) will hold further discussions with the Attorney General’s Chambers (AGC) to refine the legal aspects of the judicial review relating to procedural issues relating to the exemption of liquid nicotine and nicotine gel from the Poisons List under the Poisons Act 1952 in the near future.
In a statement today, the ministry said discussions would include examining legal options and determining appropriate follow-up action.
MOH said the court’s decision reflects a healthy system of checks and balances and shows that the public, civil society organizations and other stakeholders were deeply concerned about policies aimed at protecting public health.
“Both MOH and non-governmental organizations (NGOs) share the same ultimate goal, which is to protect the health and safety of Malaysians. Developments and further action on this matter will be announced once consultations with the AGC are finalized in the near future.”
MOH said it is committed to strengthening tobacco and smoking product control efforts through continued monitoring under the Smoking Products Control Act 2024 (Act 852) for public health, especially to protect children and youth.
On Friday, the Kuala Lumpur High Court allowed a judicial review application filed by three NGOs challenging the government’s 2023 decision to exempt liquid nicotine and nicotine gel used in vape products from the poison list.
The NGOs are Malaysian Council for Tobacco Control, Green Lung Malaysia and Voice of the Children.
Judge Datuk Aliza Sulaiman said the court was satisfied that the applicants had established that the government’s decision to grant the exemption, which was primarily driven by economic considerations before the coming into force of Act 852 on October 1, 2024, was irrational.
