Malaysia plans to appeal a court ruling against the nicotine exemption introduced during Dr. Zaliha Mustafa’s tenure as health minister. Photo credit: Parliament of Malaysia.
Malaysia’s former health minister, Dr. Zaliha Mustafa, defended her 2023 decision to remove liquid nicotine from the country’s Poisons Act after the Kuala Lumpur High Court ruled the move unlawful and irrational. The government plans to appeal the ruling.
The court sided with three health organizations that challenged the exemption order issued in 2023, which removed liquid and gel nicotine products from the Poisons List. Judge Aliza Sulaiman ruled that the government acted unlawfully and failed to properly consult the Poisons Board before making the change.
The ruling reignited debate over Malaysia’s vape regulatory framework and the government’s approach to bringing the industry under formal oversight.
In comments published after the ruling, Zaliha said the exemption represented “a critical step” toward regulating what she described as a multibillion-ringgit vape market that had operated largely outside official controls. She said authorities could no longer allow the sector to function without “records, registration, and monitoring.”
“Before March 2023, enforcement under the Poisons Act 1952 was no longer able to contain the flooding of vape products in the market. Despite being a controlled poison, nicotine vapes were being sold openly in the black market,” she said.
She added that the exemption allowed the government to monitor supply chains and collect taxes from the sector. According to Zaliha, the Cabinet discussed the issue extensively before approving the move.
The former minister also linked the exemption to Malaysia’s later adoption of the Control of Smoking Products for Public Health Act, known as Act 852. The law created a standalone regulatory framework covering smoking products, vape devices, and nicotine liquids, while prohibiting sales to minors.
“Malaysia now has a tobacco and vape control ecosystem that is much safer, comprehensive and protects the younger generation, compared to when we only relied on the outdated provisions of the Poisons Act,” Zaliha said.
The Ministry of Health confirmed it will challenge the High Court decision at the Court of Appeal. Dr Zaliha said the appeal process remains important to clarify the legal position surrounding the exemption order.
The court proceedings also drew attention after reporters said authorities barred media representatives from covering the hearing despite the session remaining open to the public. Journalists from several organizations reportedly faced restrictions when attempting to enter the courtroom.
Industry observers view the case as significant because the 2023 exemption paved the way for legal sales and taxation of nicotine vape products in Malaysia. The exemption also enabled the government to collect excise revenue from the sector. Reports cited estimates that the vape industry generated billions of ringgit annually, equivalent to several hundred million US dollars.