Malaysia’s first female health minister, who is a also a medical doctor, went against the Poisons Board and exempted nicotine e-liquids, in effect legalizing vapes and e-cigarettes. Photo credit: Parliament of Malaysia
Malaysia effectively legalized vapes with nicotine when it removed nicotine e-liquids from the Poisons List of controlled substances as the current Control of Tobacco Products Regulations 2004 under the Food Act 1983 only cover conventional cigarettes and other tobacco products.
The Control of Tobacco Product and Smoking Bill 2022, tabled by former health minister Khairy Jamaluddin in the previous administration, will regulate both tobacco and vape products as well as place a generational ban on these products for anyone born from 2007. The bill has yet to be tabled in the current parliament under Prime Minister Anwar Ibrahim.
Malaysia’s health minister, Dr. Zaliha Mustafa, is alleged to have overruled the Poisons Board’s decision against exempting nicotine liquids and gels from the Poisons Act.
The exception paves the way for e-cigarettes and vapes as well as nicotine patches used to quit smoking to be sold over the counter. Before the exemption, products containing nicotine needed prescriptions from doctors or pharmacies.
The exemption also allows the government to tax nicotine e-liquids. The Excise Duties (Amendment) Order 2023, which came into effect on April 1, subjects nicotine e-liquids to MYR0.40 per milliliter excise tax.
According to Ibrahim, who is also the finance minister, half the revenue from this excise tax will be allocated to the health ministry. Liquid or gel products with nicotine are estimated to be worth MYR2 billion (US$452.2 million) in potential government revenue.
Last year, based on projections, JTI Malaysia said the government was missing the chance to collect MYR866 million in taxes from liquids used in e-cigarettes and vapes.